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BISHOP  BERKELEY 

“Westward  the  (fourse  of  empire  takes  its  way 
The  four  first  acts  already  past, 

A fifth  shall  close  the  drama  with  the  day: 

Time’s  noblest  offspring  is  the  last” 

George  Berkeley,  Bishop  of  Cloyne,  a distinguished 
English  philosopher  and  writer,  after  whom  Berkeley,  Cali- 
fornia, is  named,  was  born  at  Dysert  Castle,  near  Thomas- 
town,  Ireland,  March  12,  1685.  Educated  in  Trinity  College, 
Dublin,  he  was  appointed  an  Episcopal  prelate,  and  devoted 
himself  to  literature  and  to  philanthropic  efforts  to  establish 
in  America  a college  for  the  education  and  conversion  of  the 
Indians  to  Christianity.  He  lived  nearly  four  years  in  Rhode 
Island,  respected,  esteemed  and  beloved  by  the  people  of 
early  New  England.  The  British  government  neglected  to 
furnish  the  promised  funds  for  the  college,  and,  having 
exhausted  much  of  his  own  fortune  in  his  benevolent  design, 
Bishop  Berkeley  was  compelled  to  return  to  his  native  land. 
So  powerfully  impressed  had  he  become  with  the  great  future 
of  the  American  colonies  that  he  wrote  the  famous  poem, 
“Destiny  of  America,”  the  concluding  stanza  of  which  is 
quoted  above.  Alexander  Pope,  his  most  intimate  friend, 
declared  he  was  “possessed  of  every  virtue.”  He  died 
January  14,  1753,  at  Oxford,  England. 


CHARTER 
gf  the 


City  Berkeley 

PREPARED  AND  PROPOSED  BY  THE 

BOARD  OF  FREEHOLDERS 


Elected  November  21,  1908,  in  Pursuance  of  the  Provisions  of 
Section  8,  Article  XI  of  the  Constitution  of  the 
State  of  California. 


Ratified  by  the  qualified  electors  of  the  Town  of  Berkeley  at  a 
special  municipal  election  held  on  January  30,  1909. 
Subsequently  presented  to  the  Legislature 
of  the  State  of  California  and 
thereafter  approved. 


In  Effect  July  1st 
1909 


PRINTED  BY 

LEDERER,  STREET  C&  ZEUS  CO. 
2161  CENTER  STREET 
BERKELEY 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


0 


https://archive.org/details/charterineffectjOOberk 


CHARTER 

OF  THE 

City  of  Berkeley 


Article  I. 
II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 


Name  and  Rights  of  the  City. 

Boundaries. 

Elections. 

The  Recall  of  Elective  Officers. 

Elective  Officers. 

The  Mayor. 

Executive  and  Administrative  Departments. 
The  Council. 

Powers  of  the  City  and  of  the  Council. 
Finance  and  Taxation. 

Public  Work  and  Supplies. 

Franchises. 

The  Initiative. 

The  Referendum. 

The  Public  Schools. 

Miscellaneous. 


ARTICLE  I. 

NAME  AND  RIGHTS  OF  THE  CITY 

Name  of  the  City. 

Sec.  1.  The  municipal  corporation  now  existing  and 
known  as  the  Town  of  Berkeley  shall  remain  and  continue 
a body  politic  and  corporate  in  name  and  in  fact,  by  the 
name  of  the  City  of  Berkeley,  and  by  such  name  shall  have 
perpetual  succession. 


Rights  and  Liabilities. 

Sec.  2.  The  City  of  Berkeley  shall  remain  vested  with 
and  continue  to  have,  hold  and  enjoy  all  property,  rights  of 
property  and  rights  of  action  of  every  nature  and  descrip- 
tion now  pertaining  to  this  municipality,  and  is  hereby 
declared  to  be  the  successor  of  the  same.  It  shall  be 
subject  to  all  the  liabilities  that  now  exist  against  this 
municipality. 


6 


CHARTER  OF  THE  CITY  OF  BERKELEY 


ARTICLE  II.) 

BOUNDARIES 

Sec.  3.  The  boundaries  of  the  City  of  Berkeley  shall  be 
as  follows : 

Beginning  at  a point  of  intersection  of  the  boundary 
line  between  Alameda  County  and  Contra  Costa  County, 
California,  with  the  eastern  line  of  plot  number  eighty- 
three  (83)  as  said  plot  is  shown  on  Kellersberger’s  map  of 
the  subdivision  of  the  Rancho  of  Vincente  and  Domingo 
Peralta,  of  record  in  the  office  of  the  County  Recorder  of 
Alameda  County;  thence  southerly  along  the  eastern  line 
of  said  plot  eighty-three  (83)  and  plots  eighty-two  (82) 
and  eighty  (80)  and  along  the  prolongation  of  said  eastern 
line  of  said  plot  eighty  (80)  southerly  across  plots  seventy- 
eight  (78)  and  seventy-seven  (77)  and  along  the  line 
dividing  plots  seventy-four  (74)  and  seventy-five  (75), 
all  of  said  plots  being  portions  of  the  subdivision  of  said 
Rancho  of  Vincente  and  Domingo  Peralta,  to  a point  one 
hundred  and  fifty  (150)  feet  southerly  from  the  northeast 
corner  of  said  plot  seventy-five  (75)  of  said  Kellersberger’s 
subdivision  of  said  Rancho  of  Vincente  and  Domingo 
Peralta,  and  one  hundred  (100)  feet  southerly  from  the 
intersection  of  said  line  of  said  plot  seventy-five  (75)  with 
the  southern  line  of  Russell  Street  as  located  by  survey,  a 
map  of  which  is  recorded  in  the  office  of  the,  County  Re- 
corder of  Alameda  County,  California,  on  page  thirty-nine 
(39)  of  Book  Nineteen  (19)  of  maps,  said  point  on  said 
southern  line  of  said  Russell  street  being  identical  with 
the  southern  line  of  Public  Road  No.  3093  of  Alameda 
County — commonly  called  the  tunnel  road — at  its  point  of 
beginning;  thence  easterly  and  southeasterly  along  a line 
one  hundred  (100)  feet  distant  from  and  parallel  with  the 
said  southern  line  of  said  County  Road  No.  3093  to  a 
point  six  hundred  and  sixty  (660)  feet  distant  southerly 
from  and  at  right  angles  to  the  northern  line  of  plot  sev- 
enty-four (74)  as  per  Kellesberger’s  subdivision  of  said 
Rancho  of  Vincente  and  Domingo  Peralta ; thence  easterly 
and  parallel  with  said  northern  line  of  said  plot  seventy- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


7 


four  (74)  to  the  eastern  line  thereof;  thence  southerly 
along  the  eastern  boundary  of  said  plot  seventy-four  (74) 
to  the  southeast  corner  thereof ; thence  westerly  along  the 
southern  boundary  of  plots  seventy-four  (74)  and  seventy- 
six  (76)  to  the  Rancho  Vincente  and  Domingo  Peralta 
and  said  line  produced  westerly  to  Claremont  Avenue; 
thence  westerly  across  Claremont  Avenue  to  the  point  of 
intersection  of  the  western  line  of  said  Claremont  Avenue 
with  the  southern  line  of  the  Colby  Tract  as  indicated  on 
map  of  same,  recorded  on  Page  76  of  Map  Book,  No.  19, 
in  the  office  of  the  County  Recorder  of  Alameda  County; 
thence  westerly  along  the  southern  line  of  the  Colby 
Tract  to  the  eastern  line  of  College  Avenue;  thence  west- 
erly, crossing  College  Avenue  at  right  angles  to  same,  to 
a point  on  the  eastern  boundary  of  the  City  of  Oakland 
one  hundred  and  twenty-five  (125)  feet  westerly  from  the 
western  line  of  College  Avenue ; thence  northerly  and  par- 
allel to  College  Avenue  to  a point  twenty  and  seven-tenths 
(20.7)  feet  at  right  angles  southerly  from  the  southern 
line  of  Woolsey  Street  in  the  “Fairview  Park”;  thence 
westerly  in  a straight  line  to  a point  ninety-seven  and 
fifty-hundredths  (97.50)  feet  at  right  angles  southerly  from 
the  southerly  line  of  Woolsey  Street  in  the  Newbury 
Tract,  Berkeley,  Cal.,  said  point  being  on  the  prolongation 
in  a straight  line  northerly  of  the  eastern  boundary  of  the 
Lorin  Villa  Tract;  thence  southerly  along  said  prolonga- 
tion of  said  eastern  line  of  said  Lorin  Villa  Tract,  and 
along  the  eastern  line  of  said  Lorin  Villa  Tract  and  said 
eastern  line  of  said  Lorin  Villa  Tract  produced  in  a 
straight  line  southerly  to  a point  one  hundred  and  thirty- 
five  (135)  feet  southerly  from  the  southern  line  of  Alcatraz 
Avenue;  thence  westerly  and  parallel  with  the  said  south- 
ern line  of  Alcatraz  Avenue  to  the  line  dividing  plots  num- 
bers forty-six  (46)  and  fifty-two  (52)  of  Kellersberger’s 
subdivision  of  the  Rancho  of  Vincente  and  Domingo 
Peralta ; thence  southerly  along  the  said  last  line  to  a 
point  on  said  line  one  hundred  and  thirty-five  (135) 
feet  southerly  from  the  southern  line  of  Todd  Street,  as 
shown  on  map  of  Paradise  Park ; thence  westerly  and 


8 


CHARTER  OF  THE  CITY  OF  BERKELEY 


parallel  with  the  southern  line  of  Todd  Street  to  a point 
one  hundred  (100)  feet  westerly  from  the  western  line 
of  Occidental  Street,  as  shown  on  said  map  of  Paradise 
Park  (said  Occidental  Street  being  that  street  now  known 
as  California  Street)  ; thence  northerly  and  parallel  with 
said  California  Street  to  a point  one  hundred  (100)  feet 
southerly  from  the  southern  line  of  Alcatraz  Avenue ; 
thence  westerly  and  parallel  with  said  southern  line  of 
Alcatraz  Avenue  to  a point  one  hundred  and  sixty  (160) 
feet  westerly  from  the  western  line  of  Idaho  Street,  as 
shown  on  map  of  Herzog  Tract;  thence  northerly  and  par- 
allel with  the  said  western  line  of  said  Idaho  Street,  as 
shown  on  maps  of  the  Herzog  Tract  and  of  the  Rock 
Island  Tract,  to  a point  one  hundred  (100)  feet  southerly 
from  the  southern  line  of  Blackstone  Street,  as  shown  on 
map  of  the  Rock  Island  Tract;  thence  westerly  and  paral- 
lel with  the  southern  line  of  said  Blackstone  Street  to  a 
point  one  hundred  (100)  feet  westerly  from  the  western 
line  of  Mabel  Street  as  shown  on  map  of  the  Carrison 
Tract,  if  said  western  line  of  said  Mabel  Street  as  located 
east  of  said  Carrison  Tract  were  extended  in  a direct  line 
southerly ; thence  northerly,  and  parallel  with  the  said 
western  line  of  said  Mabel  Street  and  the  extension  thereof 
southerly,  to  a point  one  hundred  (100)  feet  southerly  from 
the  southerly  line  of  Haskell  Street  as  shown  on  map  of 
the  Carrison  Tract;  thence  westerly  and  parallel  with  the 
said  southern  line  of  Haskell  Street  to  the  eastern  line  of 
San  Pablo  Avenue ; thence  northerly  along  the  said  eastern 
line  of  said  San  Pablo  Avenue,  ninety-five  (95)  feet;  thence 
westerly  across  San  Pablo  Avenue  to  a point  on  the  west- 
erly line  thereof  distant  one  hundred  and  ten  (110)  feet 
northerly  from  the  northern  line  of  Union  Street,  as  said 
Union  Street  is  shown  on  map  of  the  Villa  Homestead  As- 
sociation ; thence  westerly  and  parallel  with  the  said  north- 
ern line  of  said  Union  Street  and  parallel  with  the  exten- 
sion of  said  line  of  said  Union  Street  to  the  western 
boundary  of  Alameda  County ; thence  northerly  and  along 
the  said  western  boundary  of  Alameda  County  to  a point 
from  which  a line  drawn  easterly  at  right  angles  to  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


9 


western  line  of  First  Street,  in  Tract  “B”  of  the  lands  of 
the  Berkeley  Land  and  Town  Improvement  Association 
would  intersect  aftid  western  line  of  said  First  Street  at 
Codornices  Creek ; thence  easterly  in  a straight  line  to  the 
point  of  intersection  of  the  western  line  of  said  First  Street 
with  Codornices  Creek ; thence  easterly  along  said  creek 
to  the  corner  common  to  Lots  186  and  187  of  Peralta 
Park,  as  shown  on  the  map  of  the  Resubdivision  of  Peralta 
Park,  filed  August  29th,  1893,  on  page  4 of  Map  Book 
No.  15,  in  the  office  of  the  County  Recorder  of  Alameda 
County ; thence  northerly  along  the  line  dividing  Lots 
numbers  165  to  176  inclusive  and  numbers  178  to  186  in- 
clusive on  the.  east,  and  Lots  numbers  187  to  204  inclusive 
on  the  west  to  a point  on  the  southern  line  of  Lot  No.  162, 
all  of  said  lots  being  of  said  resubdivision  of  Peralta  Park ; 
thence  westerly  along  the  northern  boundary  line  of  Lot 
204  to  the  corner  common  to  Lots  161  and  162,  thence 
northerly  along  the  line  dividing  said  Lots  161  and  162 
as  shown  on  said  map  of  Resubdivision  of  Peralta  Park 
to  the  southern  line  of  Posen  Avenue;  thence  northerly, 
crossing  Posen  Avenue  to  a point  on  the  northern  line 
of  same  at  the  corner  common  to  Lots  116  and  117  of  said 
Resubdivision  of  Peralta  Park ; thence  northerly  along 
the  line  dividing  Lots  117,  107  and  94  on  the  west  from 
Lots  116,  108  and  93  on  the  east  to  the  corner  common 
to  said  Lots  93  and  94,  on  the  northern  boundary  of  said 
Peralta  Park ; thence  easterly  along  the  northern  line  of 
Peralta  Park  to  the  southeasterly  corner  of  Lot  Number 
1 in  Block  Number  16  as  surveyed  in  “Northbrae,  Berke- 
ley, California/’  a map  of  which  was  filed  in  the  office  of 
the  Recorder  of  Alameda  County  on  April  8th,  1907,  on 
page  65  of  Map  Book  No.  22;  thence  northeasterly  in  a 
straight  line  to  a point  on  the  northwesterly  line  of  Mon- 
terey Avenue  as  per  map  of  “Northbrae,”  where  said 
northwesterly  line  of  Monterey  Avenue  intersects  the 
western  line  of  that  certain  piece  or  parcel  of  land  con- 
veyed by  George  Sterling  and  Carrie  R.  Sterling  to  the 
Berkeley  Development  Company  by  deed  dated  October 
13th,  1906,  and  recorded  at  page  92  in  book  of  Deeds 


10 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Number  1243;  thence  north  9 degrees  45  minutes  west 
along  the  western  line  of  said  last  named  piece  or  parcel 
of  land  twenty-five  hundred  and  fifty-eight  (2558)  feet, 
more  or  less,  to  the  northwesterly  corner  of  said  piece 
or  parcel  of  land;  thence  north  80  degrees  15  minutes  east 
along  the  northerly  line  of  said  last  named  piece  or  parcel 
of  land  twenty-nine  hundred  and  nineteen  and  89-100 
(2919.89)  feet  to  a point  in  the  center  line  of  County  Road 
Number  4398,  said  County  Road  being  also  commonly 
known  as  Spruce  Street,  and  designated  as  “Spruce  Street” 
on  map  entitled  “North  Cragmont,  Berkeley,  Cal.,”  filed  in 
the  office  of  the  County  Recorder  of  Alameda  County  on 
April  20th,  1908,  on  page  84  of  Map  Book  Number  23; 
thence  southerly  and  following  the  center  line  of  said 
County  Road  No.  4398  to  its  intersection  with  “Sawyer’s 
partition  Line”;  thence  north  60  degrees  30  minutes  east 
along  said  “Sawyer’s  partition  Line,”  said  line  being 
identical  with  the  northern  line  of  “Tuohys  Second  Addi- 
tion,” to  the  corner  common  to  plots  i “Q”  and  “R”  as 
shown  on  map  entitled  “Map  of  the  Undivided  Mountain 
and  Hill  Land  of  Vincente  and  Domingo  Peralta  Rancho 
as  partitioned  by  a degree  of  the  Third  District  Court, 
March  2nd,  1875,”  filed  in  the  office  of  the  County  Recorder 
of  Alameda  County,  October  6th,  1875,  on  page  30  of 
Map  Book  Number  19;  thence  south  5 degrees  east  along 
said  line  dividing  said  plots  “Q”  and  “R”  eleven  hundred 
and  sixteen  and  72-100  (1116.72)  feet  to  the  northern 
line  of  Berkeley,  as  per  description  in  Charter  adopted 
March  5th,  1895 ; thence  easterly  along  said  northern  line 
of  Berkeley  as  per  charter  adopted  March  5th,  1895,  said 
line  being  identical  with  the  northern  lines  of  plots  eighty- 
four  (84)  and  eighty-three  (83)  as  per  Kellersberger’s 
map  of  the  subdivision  of  the  Rancho  Vincente  and 
Domingo  Peralta,  of  record  in  the  office  of  the  County 
Recorder  of  Alameda  County,  to  a point  on  the  line 
dividing  Alameda  County  and  Contra  Costa  County,  said 
point  being  the  most  northern  point  on  the  boundary  of 
said  plot  83 ; thence  southerly  and  southeasterly  along  said 


CHARTER  OF  THE  CITY  OF  BERKELEY 


11 


line  between  said  Alameda  and  Contra  Costa  counties  to 
the  point  of  beginning. 


ARTICLE  III. 
ELECTIONS 


General  and  Special  Municipal  Elections. 

Sec.  4.  A municipal  election  shall  be  held  in  the  City 
on  the  first  Saturday  in  May  in  the  year  1909,  and  on  the 
first  Saturday  in  April  in  1911  and  on  the  first  Saturday  in 
April  in  every  second  year  thereafter,  and  shall  be  known 
as  the  general  municipal  election.  A second  election  shall 
be  held,  when  necessary,  as  provided  in  subdivision  22  of 
section  5,  on  the  third  Saturday  after  said  general  munici- 
pal election,  and  shall  be  known  as  the  second  general 
municipal  election. 

All  other  municipal  elections  that  may  be  held  by 
authority  of  this  Charter  or  of  general  laws  shall  be 
known  as  special  municipal  elections. 

Nomination  and  election  of  city  officers. 

Sec.  5.  (1)  The  mode  of  nomination  and  election  of 

all  elective  officers  of  the  City  to  be  voted  for  at  any 
municipal  election  shall  be  as  follows  and  not  otherwise : 

Condition  of  Candidacy. 

(2)  The  name  of  a candidate  shall  be  printed  upon  the 
ballot  when  a petition  of  nomination  shall  have  been  filed 
in  his  behalf  in  the  manner  and  form  and  under  the  condi- 
tions hereinafter  set  forth. 

Form  of  nomination  petition. 

(3)  The  petition  of  nomination  shall  consist  of  not  less 
than  twenty-five  individual  certificates,  which  shall  read 
substantially  as  follows : 


PETITION  OF  NOMINATION. 


Individual  Certificate. 

Stat<  ~ 


County  of  Alameda,  \ ss. 


City  of  Berkeley,  ) Prect.  No....... 

I,  the  undersigned,  certify  that  I do  hereby  join  in  a 


12 


CHARTER  OF  THE  CITY  OF  BERKELEY 


petition  for  the  nomination  of whose  resi- 
dence is  at  No Street,  Berkeley,  for  the  office  of 

to  be  voted  for  at  the  municipal  election 

to  be  held  in  the  City  of  Berkeley  on  the day  of 

192 , and  I further  certify  that  I am  a 

qualified  elector  and  am  not  at  this  time  a signer  of  any 
other  petition  nominating  any  other  candidate  for  the  above 
named  office,  or,  in  case  there  are  several  places  to  be  filled 
in  the  above  ’named  office,  that  I have  not  signed  more 
petitions  than  there  are  places  to  be  filled  in  the  above 

named  office;  that  my  residence  is  at  No 

Street,  Berkeley,  and  that  my  occupation  is 


(Signed) 


State  of  California,  \ 

County  of  Alameda,  J>  ss. 

City  of  Berkeley,  ) 

being  duly  sworn,  deposes  and  says  that 

he  is  the  person  who  signed  the  foregoing  certificate  and 
that  the  statements  therein  are  true  and  correct. 

(Signed)  

Subscribed  and  sworn  to  before  me  this day  of 

19 


(Notary  Public  or  Verification  Deputy.) 

The  petition  of  nomination  of  which  this  certificate  forms 

a part  shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Berkeley,  Cal. 

Forms  to  be  supplied  by  the  City  Clerk. 

(4)  It  shall  be  the  duty  of  the  City  Clerk  to  furnish 


CHARTER  OF  THE  CITY  OF  BERKELEY 


13 


upon  application  a reasonable  number  of  forms  of  indi- 
vidual certificates  of  the  above  character. 

Requirements  of  certificate. 

(5)  Each  certificate  must  be  a separate  paper.  All  cer- 
tificates must  be  of  a uniform  size  as  determined  by  the 
City  Clerk.  Each  certificate  must  contain  the  name  of  one 
signer  thereto  and  no  more.  Each  certificate  shall  contain 
the  name  of  one  candidate  and  no  more.  Each  signer 
must  be  a qualified  elector,  must  not  at  the  time  of  signing 
a certificate  have  his  name  signed  to  any  other  certificate 
for  any  other  candidate  for  the  same  office,  nor,  in  case 
there  are  several  places  to  be  filled  in  the  same  office, 
signed  to  more  certificates  for  candidates  for  that  office 
than  there  are  places  to  be  filled  in  such  office.  In  case  an 
elector  has  signed  two  or  more  conflicting  certificates,  all 
such  certificates  shall  be  rejected.  Each  signer  must  verify 
his  certificate  and  make  oath  that  the  same  is  true  before 
a notary  public  or  a verification  deputy,  as  provided  for  in 
this  section.  Each  certificate  shall  further  contain  the 
name  and  address  of  the  person  to  whom  the  petition  is 
to  be  returned  in  case  said  petition  is  found  insufficient. 

Verification  deputies. 

(6)  Verification  deputies,  under  this  section,  must  be 
qualified  electors  of  the  City  and  shall  be  appointed  by  the 
City  Clerk  upon  application  in  writing  signed  by  not  less 
than  five  qualified  electors  of  the  City.  The  application 
shall  set  forth  that  the  signers  thereto  desire  to  procure 
the  necessary  signatures  of  electors  for  the  nomination  of 
candidates  for  municipal  office  at  an  election  therein  speci- 
fied, and  that  the  applicants  desire  the  person  or  persons 
whose  names  and  addresses  are  given,  appointed  as  veri- 
fication deputies,  who  shall  upon  appointment  be  author- 
ized and  empowered  to  take  the  oath  of  verification  of  the 
signers  of  petitions  of  nomination.  Such  verification 
deputies  need  not  use  a seal,  and  shall  not  have  power  to 
take  oaths  for  any  other  purpose  whatsoever,  and  their 
appointments  shall  continue  only  until  all  petitions  of 


14 


CHARTER  OF  THE  CITY  OF  BERKELEY 


nomination,  under  this  section,  shall  have  been  filed  by  the 
City  Clerk. 

Date  of  presenting  petition. 

(7)  A petition  of  nomination  consisting  of  not  less 
than  twenty-five  individual  certificates  for  any  one  candi- 
date, may  be  presented  to  the  City  Clerk  not  earlier  than 
forty-five  days  nor  later  than  thirty  days  before  the  elec- 
tion. The  Clerk  shall  endorse  thereon  the  date  upon 
which  the  petition  was  presented  to  him. 

Examination  of  petitions  by  City  Clerk. 

(8)  When  a petition  of  nomination  is  presented  for 
filing  to  the  City  Clerk,  he  shall  forthwith  examine  the 
same,  and  ascertain  whether  it  conforms  to  the  provisions 
of  this  section.  If  found  not  to  conform  thereto,  he  shall 
then  and  there  in  writing  designate  on  said  petition  the 
defect  or  omission  or  reason  why  such  petition  cannot  be 
filed,  and  shall  return  the  petition  to  the  person  named  as 
the  person  to  whom  the  same  may  be  returned  in  accord- 
ance with  this  section.  The  petition  may  then  be  amended 
and  again  presented  to  the  Clerk  as  in  the  first  instance. 
The  Clerk  shall  forthwith  proceed  to  examine  the  petition 
as  hereinbefore  provided.  If  necessary,  the  Council  shall 
provide  extra  help  to  enable  the  Clerk  to  perform  satisfac- 
torily and  promptly  the  duties  imposed  by  this  section. 

Withdrawal  of  signature. 

(9)  Any  signer  to  a petition  of  nomination  and  cer- 
tificate may  withdraw  his  name  from  the  same  by  filing 
with  the  City  Clerk  a verified  revocation  of  his  signature 
before  the  filing  of  the  petition  by  the  Clerk,  and  not 
otherwise.  He  shall  then  be  at  liberty  to  sign  a petition 
for  another  candidate  for  the  same  office. 

Withdrawal  of  candidate. 

(10)  Any  person  whose  name  has  been  presented  under 
this  section  as  a candidate  may,  not  later  than  twenty-five 
days  before  the  day  of  election,  cause  his  name  to  be 
withdrawn  from  nomination  by  filing  with  the  City  Clerk 
a request  therefor  in  writing,  and  no  name  so  withdrawn 


15 


CHARTER  OF  THE  CITY  OF  BERKELEY 

shall  be  printed  upon  the  ballot.  If  upon  such  with- 
drawal the  number  of  candidates  remaining  does  not  exceed 
the  number  to  be  elected,  then  other  nominations  may  be 
made  by  filing  petitions  therefor  not  later  than  twenty 
days  prior  to  such  election. 

Filing  of  petitions. 

(11)  If  either  the  original  or  the  amended  petition  of 
nomination  be  found,  sufficiently  signed  as  hereinbefore 
provided,  the  Clerk  shall  file  the  same  twenty-five  days 
before  the  date  of  the  election.  When  a petition  of  nomi- 
nation shall  have  been  filed  by  the  Clerk  it  shall  not  be 
withdrawn  nor  added  to  and  no  signature  shall  be  re- 
voked thereafter. 

Preservation  of  petitions. 

(12)  The  City  Clerk  shall  preserve  in  his  office  for  a 
period  of  two  years  all  petitions  of  nominations  and  all 
certificates  belonging  thereto  filed  under  this  section. 

Election  proclamation. 

(13)  Immediately  after  such  petitions  are  filed,  the 
Clerk  shall  enter  the  names  of  the  candidates  in  a list,  with 
the  offices  to  be  filled,  and  shall  not  later  than  twenty  days 
before  the  election  certify  such  list  as  being  the  list  of 
candidates  nominated  as  required  by  the  Charter  of  Berke- 
ley, and  the  Council  shall  cause  said  certified  list  of  names 
and  the  offices  to  be  filled,  designating  whether  for  a full 
term  or  unexpired  term,  to  be  published  in  the  proclama- 
tion calling  the  election  at  least  ten  successive  days  be- 
fore the  election  in  not  more  than  two  daily  newspapers 
of  general  circulation  published  in  the  City  of  Berkeley. 
Said  proclamation  shall  conform  in  all  respects  to  the 
general  State  law  governing  the  conduct  of  municipal  elec- 
tions, now  or  hereafter  in  force,  except  as  above  required. 

Form  of  ballots. 

(14)  The  City  Clerk  shall  cause  the  ballots  to  be 
printed  and  bound  and  numbered  as  provided  for  by  State 
law  except  as  otherwise  required  in  this  Charter.  The 
ballots  shall  contain  the  list  of  names  and  the  respective 


16 


CHARTER  OF  THE  CITY  OF  BERKELEY 


offices,  as  published  in  the  proclamation  and  shall  be  in 
substantially  the  following  form : 

General  (or  special)  municipal  election,  City  of  Berkeley. 

(Inserting  date  thereof.) 

INSTRUCTIONS  TO  VOTERS:  To  vote,  stamp  or 
write  a cross  (X)  opposite  the  name  of  the  candidate  for 
whom  you  desire  to  vote.  All  marks  otherwise  made  are 
forbidden.  All  distinguishing  marks  are  forbidden  and 
make  the  ballot  void.  If  you  wrongly  mark,  tear  or  de- 
face this  ballot,  return  it  to  the  Inspector  of  Election,  and 
obtain  another. 

Requirements  of  Ballot. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same 
size,  quality,  tint  of  paper,  kind  of  type,  and  color  of  ink, 
so  that  without  the  number  it  would  be  impossible  to  dis- 
tinguish one  ballot  from  another ; and  the  names  of  all 
candidates  printed  upon  the  ballot  shall  be  in  type  of  the 
same  size  and  style.  A column  may  be  provided  on  the 
right  hand  side  for  charter  amendments  or  other  questions 
to  be  voted  upon  at  the  municipal  elections,  as  provided 
for  under  this  Charter.  The  names  of  the  candidates  for 
each  office  shall  be  arranged  in  alphabetical  order,  and 
nothing  on  the  ballot  shall  be  indicative  of  the  source  of 
the  candidacy  or  of  the  support  of  any  candidate. 

Every  nominee  to  be  on  ballot. 

(16)  The  name  of  no  candidate  who  has  been  duly  and 
regularly  nominated,  and  who  has  not  withdrawn  his  name 
as  herein  provided,  shall  be  omitted  from  the  ballot. 

Arrangement  of  offices  on  ballot. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  sepa- 
rate columns  in  the  following  order : 

“For  Mayor  (if  any)  vote  for  one.” 

“For  Auditor  (if  any)  vote  for  one.” 

“For  Councilman  (if  any)  vote  for  (giving  number).” 

“For  School  Directors  (if  any)  vote  for  (giving  num- 
ber).” 


CHARTER  OF  THE  CITY  OF  BERKELEY 


17 


Space  for  voting  cross. 

(18)  Half-inch  square  shall  be  provided  at  the  right  of 
the  name  of  each  candidate  wherein  to  mark  the  cross. 

Blank  space  for  additional  candidates. 

(19)  Half-inch  spaces  shall  be  left  below  the  printed 
names  of  candidates  for  each  office  equal  in  number  to  the 
number  to  be  voted  for,  wherein  the  voter  may  write  the 
name  of  any  person  or  persons  for  whom  he  may  wish  to 
vote. 

Sample  Ballots. 

(20)  The  Clerk  shall  cause  to  be  printed  sample  ballots 
identical  with  the  ballot  to  be  used  at  the  election  and 
shall  furnish  copies  of  the  same  on  application  to  regis- 
tered voters  at  his  office  at  least  five  days  before  the  date 
fixed  for  such  election,  and  shall  mail  one  such  ballot  to 
each  voter  entitled  to  vote  at  such  election,  so  that  all  of 
said  sample  ballots  shall  have  been  mailed  at  least  three 
whole  days  before  said  election. 

Vote  necessary  for  election. 

(21)  In  case  there  is  but  one  person  to  be  elected  to 
an  office,  the  candidate  receiving  a majority  of  the  votes 
cast  for  all  the  candidates  for  that  office  shall  be  declared 
elected ; in  case  there  are  two  or  more  persons  to  be  elected 
to  an  office,  as  that  of  Councilman  or  School  Director, 
then  those  candidates  equal  in  number  to  the  number  to  be 
elected,  who  receive  the  highest  number  of  votes  for  such 
office  shall  be  declared  elected ; provided,  however,  that  no 
person  shall  be  declared  elected  to  any  office  at  such  first 
election  unless  the  number  of  votes  received  by  him  shall 
be  greater  than  one-half  the  number  of  ballots  cast  at  such 
election. 

Second  Election. 

(22)  If  at  any  election  held  as  above  provided  there  be 
any  office  to  which  the  required  number  of  persons  was 
not  elected,  then  as  to  such  office  the  said  first  election 
shall  be  considered  to  have  been  a primary  election  for 


18  CHARTER  OF  THE  CITY  OF  BERKELEY 

the  nomination  of  candidates,  and  a second  election  shall 
be  held  to  fill  said  office.  The  candidates  not  elected  at 
such  first  election,  equal  in  number  to  twice  the  number 
to  be  elected  to  any  given  office,  or  less  if  so  there  be, 
who  receive  the  highest  number  of  votes  for  the  .re- 
spective offices  at  such  first  election,  shall  be  the  only 
candidates  at  such  second  election,  provided,  that  if  there 
be  any  person  who,  under  the  provisions  of  this  subdi- 
vision, would  have  been  entitled  to  become  a candidate  for 
any  office  except  for  the  fact  that  some  other  candidate 
received  an  equal  number  of  votes  therefor,  then  all  such 
persons  receiving  such  equal  number  of  votes  shall  like- 
wise become  candidates  for  such  office. 

The  candidates  equal  in  number  to  the  persons  to  be 
elected  who  shall  receive  the  highest  number  of  votes  at 
such  second  election  shall  be  declared  elected  to  such 
office. 

Date  of  second  election. 

(23)  The  said  second  election,  if  necessary  to  be  held, 
shall  be  held  three  weeks  after  the  first  election. 

Rules  governing  second  election. 

(24)  All  the  provisions  and  conditions  above  set  forth 
as  to  the  conduct  of  an  election,  so  far  as  they  may  be 
applicable,  shall  govern  the  second  election,  except  that 
notice  of  election  need  be  published  twice  only,  and  pro- 
vided also  that  the  same  precincts  and  polling  places  shall, 
if  possible,  be  used. 

Failure  of  person  elected  to  qualify. 

(25)  If  a person  elected  fails  to  qualify,  the  office  shall 
be  filled  as  if  there  were  a vacancy  in  such  office,  as  here- 
inafter provided. 

Informalities  in  election. 

(26)  No  informalities  in  conducting  municipal  elections 
shall  invalidate  the  same,  if  they  have  been  conducted 
fairly  and  in  substantial  conformity  to  the  requirements 
of  this  Charter. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


19 


General  election  regulations. 

Sec.  6.  (1)  The  provisions  of  the  State  Law  relating 

to  the  qualifications  of  electors,  the  manner  of  voting,  the 
duties  of  election  officers,  the  canvassing  of  returns,  and 
all  other  particulars  in  respect  to  the  management  of  elec- 
tions, so  far  as  they  may  be  applicable,  shall  govern  all 
municipal  elections,  provided  that  the  Council  shall  meet 
as  a canvassing  board  and  duly  canvass  the  election  re- 
turns within  four  days  after  any  municipal  election. 

Voting  machines. 

(2)  In  case  voting  machines  shall  be  used  at  municipal 
elections,  the  Council  shall  have  power,  by  ordinance,  to 
modify  the  provisions  of  Section  5 so  far  as  may  be  neces- 
sary to  adapt  them  to  the  use  of  voting  machines. 

ARTICLE  IV. 

RECALL  OF  ELECTIVE  OFFICERS 
Applies  to  all  elective  officers. 

Sec.  7.  (1)  Every  incumbent  of  an  elective  office, 

whether  elected  by  popular  vote  or  appointed  to  fill  a 
vacancy,  is  subject  to  recall  by  the  voters  of  the  city.  The 
procedure  to  effect  such  removal  from  office  shall  be  as 
follows : 

Petition  for  recall. 

(2)  A petition  signed  by  qualified  electors  equal  in 
number  to  twenty  per  centum  of  the  entire  vote  cast  for 
Mayor  at  the  last  preceding  general  municipal  election  at 
which  a Mayor  was  elected,  demanding  an  election  of  a 
successor  of  the  officer  sought  to  be  removed,  shall  be 
addressed  to  the  Council  and  presented  to  the  City  Clerk. 
The  petition  may  request  such  election  to  be  held  at  a 
special  municipal  election  or  at  the  next  general  municipal 
election.  The  petition  must  contain  a statement  of  the 
reasons  for  the  demand. 

Provisions  of  Section  5 apply. 

(3)  The  provisions  of  Section  5 respecting  the  forms 
and  conditions  of  the  petition  and  the  mode  of  verification 


20 


CHARTER  OF  THE  CITY  OF  BERKELEY 


and  certification  and  filing  shall  be  substantially  followed, 
with  such  modifications  as  the  nature  of  the  case  requires. 

Election  under  recall  petition. 

(4)  If  the  officer  sought  to  be  removed  shall  not  resign 
within  five  days  after  the  petition  is  filed  by  the  City 
Clerk,  and  if  the  petition  requests  a special  election,  the 
Council  shall  cause  a special  election  to  be  held  within 
forty-five  days  to  determine  whether  the  people  will  recall 
said  officer,  or,  if  a general  municipal  election  is  to  occur 
within  sixty  days,  the  Council  may  in  its  discretion  post- 
pone the  holding  of  such  election  to  such  general  munici- 
pal election. 

Grounds  of  recall.  Officer’s  justification. 

(5)  In  the  published  call  for  the  election  there  shall  be 
printed  in  not  more  than  two  hundred  words  the  reasons 
for  demanding  the  recall  of  the  officer  as  set  forth  in  the 
Recall  petition,  and  in  not  more  than  two  hundred  words 
the  officer  may  justify  his  course  in  office. 

Candidates.  Election. 

(6)  The  officer  sought  to  be  removed  shall  be  deemed 
a candidate  and,  unless  he  resigns,  his  name  shall  be 
printed  on  the  ballot.  The  nomination  of  other  candidates 
and  the  election  shall  be  in  accordance  with  the  provisions 
of  Section  5. 

Incumbent  removed. 

(7)  The  officer  sought  to  be  removed  shall,  if  he  do  not 
resign,  continue  to  perform  the  duties  of  his  office  until 
the  election,  and,  if  he  fail  of  election,  he  shall  be  deemed 
removed  from  office. 

No  recall  petition  for  first  three  months. 

(8)  No  recall  petition  shall  be  filed  against  any  officer 
until  he  has  actually  held  his  office  for  at  least  three 
months. 

Incapacity  of  recalled  official. 

(9)  No  person  who  has  been  recalled  from  an  elective 
office,  or  who  has  resigned  from  such  office  while  recall 
proceedings  were  pending  against  him,  shall  be  appointed 


CHARTER  OF  THE  CITY  OF  BERKELEY 


21 


to  any  office  within  one  year  after  such  recall  or  resig- 
nation. 

Further  regulations. 

(10)  The  Council  may  by  ordinance  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  pro- 
visions of  this  section,  and  to  adapt  the  provisions  of 
Section  5 thereto. 


ARTICLE  V. 

ELECTIVE  OFFICERS 

The  elective  officers. 

Sec.  8.  The  elective  officers  of  the  City  shall  be  a 
Mayor,  an  Auditor,  four  Councilmen,  and  four  School 
Directors. 

The  Council  shall  consist  of  the  Mayor  and  four  Coun- 
cilmen, each  of  whom,  including  the  Mayor,  shall  have  the 
right  to  vote  on  all  questions  coming  before  the  Council. 

The  Board  of  Education  shall  consist  of  four  School 
Directors  and  the  Councilman  appointed  to  be  Commis- 
sioner of  Finance  and  Revenue,  each  of  whom,  including 
said  Commissioner,  shall  have  the  right  to  vote  on  all 
questions  coming  before  the  Board. 

Elected  at  large. 

Sec.  9.  The  Mayor,  Auditor,  Councilmen  and  School 
Directors  shall  be  elected  at  the  general  municipal  election 
on  a general  ticket  from  the  City  at  large. 

Eligibility  of  Mayor,  Auditor,  and  Councilmen. 

Sec.  10.  To  be  eligible  for  the  office  of  Mayor,  Auditor 
*or  Councilman,  a person,  must  be  a citizen  of  the  United 
States  and  a qualified  elector  of  the  State  of  California 
and  of  the  City  of  Berkeley. 

Eligibility  of  School  Directors. 

Sec.  11.  To  be  eligible  for  the  office  of  School  Director, 

♦Erroneously  specifies  “Auditor  of  Councilman”  in  Act  approving 
Charter. 


22 


CHARTER  OF  THE  CITY  OF  BERKELEY 


a person  must  be  a citizen  of  the  United  States  of  the  age 
of  twenty-one  years  and  a resident  of  the  City  of  Berkeley. 

Vacancy  in  office  of  Mayor,  Auditor  or  Councilman. 

Sec.  12.  If  a vacancy  shall  occur  in  the  office  of  Mayor, 
Auditor  or  Councilman,  the  Council  shall  appoint  a person 
to  fill  such  vacancy.  If  at  any  municipal  election  held 
under  subdivision  22  of  Section  5 of  this  Charter  a Mayor, 
Auditor  or  the  required  number  of  Councilmen  be  not 
elected  by  reason  of  a tie  vote  among  any  of  the  candi- 
dates therefor,  then  the  Council,  after  the  qualification  of 
the  persons,  if  any  elected  thereto  at  such  election,  shall 
appoint  one  of  the  persons  receiving  such  tie  vote  to  fill 
such  office  as  in  the  case  of  a vacancy  therein.  In  each 
case  the  person  so  appointed  shall  hold  office,  subject  to 
the  provisions  of  the  Recall  until  the  next  general  munici- 
pal election. 

Vacancy  in  office  of  School  Director. 

Sec.  13.  If  a vacancy  shall  occur  in  the  office  of  School 
Director,  the  Board  of  Education  shall  appoint  a person  to 
fill  such  vacancy.  If  at  any  municipal  election  held  under 
subdivision  22  of  Section  5 of  this  Charter  a School  Di- 
rector be  not  elected  by  reason  of  a tie  vote  among  any 
of  the  candidates  therefor,  then  the  Board  of  Education 
after  the  qualification  of  the  persons,  if  any,  elected 
thereto  at  such  election,  shall  appoint  one  of  the  persons 
receiving  such  tie  vote,  to  fill  such  office  as  in  case  of  a 
vacancy  therein.  In  each  case  a person  so  appointed  shall 
hold  office,  subject  to  the  provisions  of  the  Recall,  until  the 
next  general  municipal  election. 

Mayor’s  and  Auditor’s  term  of  office. 

Sec.  14.  The  Mayor  and  Auditor  shall  each  hold  office 
for  a term  of  two  years  from  and  after  the  first  day  of 
July  after  his  election,  and  until  his  successor  is  elected 
and  qualified. 

Councilmen’s  term  of  office. 

Sec.  15.  The  Councilmen  shall  hold  office  for  a term  of 
four  years  from  and  after  the  first  day  of  July  after  their 
election  and  until  their  successors  are  elected  and  quali- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


23 


fied.  Provided,  that  the  Councilmen  first  elected  under 
this  Charter  shall,  at  their  first  meeting,  so  classify  them- 
selves by  lot  that  two  of  them  shall  hold  office  for  two 
years  and  two  of  them  for  four  years. 

At  each  general  municipal  election  after  the  first  under 
this  Charter,  there  shall  be  elected  two  Councilmen. 

School  Director’s  term  of  office. 

Sec.  16.  The  School  Directors  shall  hold  office  for  a 
term  of  four  years  from  and  after  the  first  day  of  July 
after  their  election  and  until  their  successors  are  elected 
and  qualified.  Provided,  that  the  School  Directors  first 
elected  under  this  Charter  shall,  at  their  first  meeting,  so 
classify  themselves  by  lot  that  two  of  them  shall  hold 
office  for  two  years  and  two  of  them  for  four  years. 

At  each  general  municipal  election  after  the  first  under 
this  Charter  there  shall  be  elected  two  School  Directors. 

Official  bonds. 

Sec.  17.  The  Mayor,  Auditor,  each  Councilman  and 
each  School  Director  shall,  before  entering  upon  the  duties 
of  his  office,  give  and  execute  to  the  City  a bond  with  a 
surety  company  as  sole  surety,  the  Mayor  and  Auditor 
each,  in  the  penal  sum  of  $10,000,  each  Councilman  in  the 
penal  sum  of  $5,000,  and  each  School  Director  in  the  penal 
sum  of  $2,500. 

Every  bond  shall  contain  the  condition  that  the  prin- 
cipal will  well,  truly,  honestly  and  faithfully  perform  the 
duties  of  his  office.  The  bonds  of  the  Mayor  must  be 
approved  by  the  Council  and  the  bonds  of  the  Auditor 
and  the  several  Councilmen  and  School  Directors  must  be 
approved  by  the  Mayor. 

The  Council  shall  fix  the  amount  of  bonds  and  the 
methods  of  their  approval  to  be  required  of  appointive 
officers. 

The  approval  of  the  official  bonds  must  be  endorsed 
thereon  and  signed  by  the  officer  or  officers  approving  the 
same.  All  bonds,  when  approved,  shall  be  filed  with  the  City 
Clerk.  All  the  provisions  of  any  law  of  this  State,  relating 


24 


CHARTER  OF  THE  CITY  OF  BERKELEY 


to  official  bonds,  not  inconsistent  with  this  Charter,  shall 
be  complied  with. 

Oath  of  office. 

Sec.  18.  Every  officer  of  the  City,  before  entering  upon 
the  duties  of  his  office,  shall  take  the  oath  of  office  as 
provided  for  in  the  Constitution  of  this  State,  and  shall 
file  the  same  with  the  City  Clerk. 

Salaries. 

Sec.  19.  The  Mayor  shall  receive  an  annual  salary  of 
$2,400,  payable  in  equal  monthly  installments. 

The  Auditor  shall  receive  an  annual  salary  of  $1,800, 
payable  in  equal  monthly  installments. 

Each  Councilman  shall  receive  an  annual  salary  of 
$1,800,  payable  in  equal  monthly  installments. 

Each  School  Director  shall  receive  five  dollars  for  each 
regular  meeting  of  the  Board  of  Education  which  he  shall 
attend,  provided  that  no  School  Director  shall  receive  more 
than  fifteen  dollars  in  any  one  month,  and  provided  further 
that  the  salary  received  by  the  Commissioner  of  Finance 
and  Revenue,  as  Councilman,  shall  be  full  compensation 
for  all  services  performed  by  him  as  Councilman  and  as 
School  Director. 

All  salaries  provided  for  in  this  section  shall  be  paid  out 
of  the  General  Fund  of  the  City. 

As  amended  in  1913.  (Statutes  1913,  Chap.  6,  p.  1502.) 

Administering  oaths.  Subpoenas. 

Sec.  20.  Every  elective  officer,  every  chief  official  and 
every  member  of  any  board  or  commission  provided  for  in 
this  Charter  shall  have  the  power  to  administer  oaths  and 
affirmations,  and  every  such  officer,  board  or  commission 
shall  have  the  power  to  issue  subpoenas,  to  compel  by 
subpoena  the  production  of  books,  papers  and  documents, 
and  to  take  and  hear  testimony  concerning  any  matter  or 
thing  pending  before  such  officer,  board  or  commission. 
If  any  person  so  subpoenaed  neglect  or  refuse  to  appear, 
or  to  produce  any  book,  paper  or  document  as  required  by 
such  subpoena,  or  shall  refuse  to  testify  before  any  such 
officer,  board  or  commission  or  to  answer  any  question 


CHARTER  OF  THE  CITY  OF  BERKELEY 


25 


which  any  officer,  or  a majority  of  such  board  or  com- 
mission shall  decide  to  be  proper  and  pertinent,  he  shall 
be  deemed  in  contempt,  and  any  such  officer,  board  or 
commission  shall  have  power  to  take  the  proceedings  in 
that  behalf  provided  by  the  general  laws  of  this  State. 
The  Chief  of  Police  must,  on  request  of  such  officer,  or  of 
any  member  of  such  board  or  commission,  detail  a police 
officer  or  police  officers  to  serve  such  subpoena. 

ARTICLE  VI. 

THE  MAYOR 

The  chief  executive. 

Sec.  21.  The  Mayor  shall  be  the  chief  executive  officer 
of  the  City  and  shall  see  that  all  the  ordinances  thereof 
are  duly  enforced.  He  shall  be  charged  with  the  general 
oversight  of  the  several  departments  of  the  municipal  gov- 
ernment. He  shall  see  that  all  contracts  made  with  the 
City  are  faithfully  performed. 

Mayor  pro  tempore. 

Sec.  22.  During  the  temporary  absence  or  disability  of 
the  Mayor,  the  Vice-President  of  the  Council  shall  act  as 
Mayor  pro  tempore.  In  case  of  the  temporary  absence  or 
disability  of  both  the  Mayor  and  Vice-President  the  Coun- 
cil shall  elect  one  of  its  members  to  be  Mayor  pro  tempore. 
In  case  of  vacancy  in  the  office  of  the  Mayor,  the  Vice- 
President  of  the  Council  shall  act  as  Mayor  until  such 
vacancy  can  be  filled  as  provided  in  this  Charter. 

Mayor’s  reports. 

Sec.  23.  The  Mayor  shall  annually  and  from  time  to 
time  give  the  Council  information  relative  to  the  afifairs  of 
the  City  and  recommend  to  its  consideration  such  matters 
as  he  may  deem  expedient. 

Mayor  to  have  City’s  books  examined. 

Sec.  24.  The  Mayor  shall  employ,  for  a stipulated  com- 
pensation, at  the  beginning  of  each  fiscal  year,  a certified 
public  accountant,  who  shall  examine,  at  least  twice  each 
year,  the  books,  records  and  reports  of  the  Auditor  and  of 
all  officers  and  employees  who  receive  or  disburse  City 


26 


CHARTER  OF  THE  CITY  OF  BERKELEY 


moneys,  and  the  books,  records  and  reports  of  such  other 
officers  and  departments  as  the  Mayor  may  direct  and 
make  triplicate  reports  thereof,  and  present  one  each  to 
the  Mayor  and  Auditor,  and  file  one  with  the  City  Clerk. 
Such  accountant  shall  have  unlimited  privilege  of  investi- 
gation, to  examine  under  oath  or  otherwise  all  officers, 
clerks  and  employees  of  the  City,  and  every  such  officer, 
clerk  and  employee  shall  give  all  required  assistance  and 
information  to  such  accountant,  and  submit  to  him  for  ex- 
amination such  books  and  papers  of  his  office  as  may  be 
requested,  and  failure  to  do  so  shall  be  deemed  and  held 
to  be  a forfeiture  and  abandonment  of  his  office.  The 
Council  shall  provide  for  the  payment  of  the  services  of 
such  accountant. 

Supervision  of  public  utility  companies. 

Sec.  25.  The  Mayor  shall  be  charged  with  the  general 
supervision  of  all  public  utility  companies  in  so  far  as  they 
are  subject  to  municipal  control;  he  shall  keep  himself 
fully  informed  as  to  their  compliance  in  all  respects  with 
the  law,  and  he  shall  see  that  all  franchises  granted  by  the 
City  are  faithfully  observed. 

The  Mayor  shall  cause  to  be  instituted  such  actions  or 
proceedings  as  may  be  necessary  to  prosecute  public  utility 
companies  for  violations  of  law,  and  revoke,  cancel  or 
annul  all  franchises  that  may  have  been  granted  by  the 
City  to  any  person,  firm  or  corporation  which  have  become 
forfeitable  in  whole  or  in  part  or  which  for  any  reason  are 
illegal  and  void  and  not  binding  upon  the  City.  The  City 
Attorney,  on  demand  of  the  Mayor,  must  institute  and 
prosecute  the  necessary  actions  to  enforce  the  provisions 
of  this  section. 

Powers  and  duties  prescribed  by  ordinance. 

Sec.  26.  The  Mayor  shall  exercise  such  other  powers 
and  perform  such  other  duties  as  may  be  prescribed  by 
law  and  ordinance. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


27 


ARTICLE  VII. 

EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS 

The  four  municipal  departments. 

Sec.  27.  The  executive  and  administrative  powers, 
authority  and  duties  of  the  City,  not  otherwise  provided 
for,  shall  be  distributed  among  and  assigned  to  four  de- 
partments, a$  follows: 

1.  Department  of  Finance  and  Revenue. 

2.  Department  of  Public  Health  and  Safety. 

3.  Department  of  Public  Works. 

4.  Department  of  Public  Supplies. 

Council  to  assign  duties  to  the  departments. 

Sec.  28.  The  Council  shall  determine  and  assign  the 
duties  of  the  several  departments,  subject  to  the  provisions 
of  the  preceding  section ; shall  prescribe  the  powers  and 
duties  of  officers  and  employees ; may  assign  particular 
officers  and  employees  to  one  or  more  of  the  departments ; 
may  require  an  officer  or  employee  to  perform  duties  in 
two  or  more  departments,  and  may  make  such  other  rules 
and  regulations  as  may  be  necessary  or  proper  for  the  effi- 
cient and  economical  conduct  of  the  business  of  the  City. 

The  four  Commissioners. 

Sec.  29.  The  Council  at  its  first  regular  meeting  after 
the  election  of  its  members,  shall  designate  by  majority 
vote  one  Councilman  to  be  Commissioner  of  Finance  and 
Revenue,  one  to  be  Commissioner  of  Public  Health  and 
Safety,  one  to  be  Commissioner  of  Public  Works  and  one 
to  be  Commissioner  of  Public  Supplies.  If  the  Council  is 
unable  to  agree,  the  Mayor  shall  have  authority  to  make 
such  designation.  The  Council  may  change  such  designa- 
tion by  ordinance  or  by  resolution  published  for  two  days, 
whenever  it  determines  that  the  public  service  will  be 
benefited  thereby. 

The  chief  officials. 

Sec.  30.  The  chief  officials  of  the  City  shall  be  City 
Clerk,  Assessor,  Treasurer,  Collector,  Attorney,  Engineer, 
Chief  of  Police,  Fire  Chief,  Street  Superintendent,  Health 
Officer  and  five  Library  Trustees.  They  shall  be  appointed 


28 


CHARTER  OF  THE  CITY  OF  BERKELEY 


and  may  be  removed  by  a majority  vote  of  the  Council. 
The  Council,  at  any  time  when  in  its  judgment  the  inter- 
ests of  the  City  so  demand,  may  consolidate  and  place  in 
charge  of  one  such  officer  the  functions  and  duties  of  two 
or  more  such  officers.  The  Council  shall  by  ordinance 
prescribe  the  duties  of  all  the  chief  officials. 

The  Council  shall  at  the  first  regular  meeting  after  the 
election  of  its  members,  or  as  soon  thereafter  as  practi- 
cable, proceed  to  the  appointment  of  the  chief  officials  of 
the  City  and  the  determination  of  their  duties  as  provided 
in  this  section. 

Subordinate  officers  and  employes. 

Sec.  31.  The  Council  shall  have  power  by  ordinance  to 
create  and  discontinue  offices,  deputyships,  assistantships 
and  employments  other  than  those  prescribed  in  this  Char- 
ter, provide  the  modes  of  filling  them,  to  prescribe  the 
duties  pertaining  thereto,  according  to  its  judgment  of  the 
needs  of  the  City,  and  to  determine  the  mode  of  removing 
any  such  officer,  deputy,  assistant  or  employee,  except  as 
otherwise  provided  in  this  Charter. 

Compensation  of  officers  and  employees. 

Sec.  32.  The  compensation  of  all  City  officers  provided 
for  by  Section  30  of  this  Charter,  except  Library  Trustees, 
who  shall  receive  no  remuneration,  shall  be  by  salary  to  be 
fixed  by  the  Council.  The  council  shall  also  fix  the  com- 
pensation of  all  other  officers  and  employees  of  the  City, 
except  as  in  this  Charter  otherwise  provided.  No  officer  or 
employee  shall  be  allowed  any  fees,  perquisites,  emolu- 
ments, rewards  or  compensation,  aside  from  the  salary  or 
compensation  as  fixed  by  the  Council,  but  all  fees  received 
by  him  in  connection  with  his  official  duties  shall  be  paid 
by  him  into  the  City  Treasury. 

Reports  of  departments. 

Sec.  33.  Each  department  and  commission  shall  annu- 
ally on  such  date  as  may  be  fixed  by  the  Council,  render 
to  the  Mayor  a full  report  of  all  the  operations  of  such 
department  or  commission  for  the  year. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


29 


Reports  to  be  published. 

Sec.  34.  The  Council  shall  provide  for  the  publication 
of  the  annual  reports  of  the  Mayor  and  of  the  several 
departments  and  commissions. 

Councilmen  to  hold  no  other  office. 

Sec.  35.  No  member  of  the  Council,  except  the  Commis- 
sioner of  Finance  and  Revenue,  who  shall  be  ex-officio 
member  of  the  Board  of  Education,  shall  hold  any  other 
municipal  office  or  hold  any  office  or  employment  the  com- 
pensation of  which  is  paid  out  of  the  municipal  moneys ; or 
be  elected  or  appointed  to  any  office  created  or  the  com- 
pensation of  which  is  increased  by  the  Council  while  he 
was  a member  thereof,  until  one  year  after  the  expiration 
of  the  term  for  which  he  was  elected. 

Officers  not  to  be  interested  in  contracts  or  franchises. 

Sec.  36.  No  officer  or  employee  shall  be  directly  or  in- 
directly interested  in  any  contract,  work  or  business  of  the 
City,  or  in  the  sale  of  any  article,  the  expense,  price  or  con- 
sideration of  which  is  paid  for  from  the  treasury  or  by  as- 
sessment levied  by  any  act  or  ordinance;  nor  in  the  pur- 
chase or  lease  of  any  real  estate  or  other  property  belong- 
ing to  the  City  or  which  shall  be  sold  for  taxes  or  assess- 
ments or  by  virtue  of  legal  process  at  the  suit  of  the  City. 
No  officer  shall  be  in  the  employ  of  any  public  service 
corporation  in  the  City  or  of  any  person  having  any  con- 
tract with  the  City  or  of  any  grantee  of  a franchise 
granted  by  the  City. 

Any  contract  or  agreement  made  in  contravention  of 
this  section  shall  be  void. 

Any  violation  of  the  provisions  of  this  section  shall  be 
deemed  a misdemeanor. 

The  Council  shall  enforce  the  provisions  of  this  section 
by  appropriate  legislation. 

Political  and  religious  tests. 

Sec.  37.  No  appointment  to  position  under  the  City 
government  shall  be  made  or  be  withheld  by  reason  of  any 
religious  or  political  opinions  or  affiliations  or  political 
services,  and  no  appointment  to  or  selection  for  or  re- 


30  CHARTER  OF.  THE  CITY  OF  BERKELEY 

moval  from  any  office  or  employment,  and  no  transfer, 
promotion,  reduction,  reward  or  punishment  shall  be  in  any 
manner  effected  by  such  opinions,  affiliations  or  services. 

ARTICLE  VIII. 

THE  COUNCIL 

The  Council,  the  governing  body. 

Sec.  38.  The  Council  shall  be  the  governing  body  of  the 
municipality.  It  shall  exercise  the  corporate  powers  of  the 
City,  and,  subject  to  the  express  limitations  of  this  Char- 
ter, shall  be  vested  with  all  powers  of  legislation  in  muni- 
cipal affairs  adequate  to  a complete  system  of  local  gov- 
ernment consistent  with  the  Constitution  of  the  State. 

President  and  Vice-President. 

Sec.  39.  The  Mayor  shall  be  President  of  the  Council 
and  shall  preside  at  its  meetings  when  present.  The  Coun- 
cil shall  elect  one  of  its  members  to  be  Vice-President. 

Meetings  of  Council. 

Sec.  40.  The  Council  shall  provide  for  the  time  and 
place  of  holding  its  meetings  and  the  manner  in  which  its 
special  meetings  may  be  called. 

Meetings  to  be  public. 

Sec.  41.  All  legislative  sessions  of  the  Council,  whether 
regular  or  special,  shall  be  open  to  the  public. 

Quorum. 

Sec.  42.  A majority  of  the  members  of  the  Council  shall 
constitute  a quorum  for  the  transaction  of  business. 

Rules  of  proceeding. 

Sec.  43.  The  Council  shall  establish  rules  for  its  pro- 
ceedings. 

Ordinances  and  resolutions. 

Sec.  44.  (1)  The  Council  shall  act  only  by  ordinance 

or  resolution. 

Ayes  and  noes. 

(2)  The  ayes  and  noes  shall  be  taken  upon  the  passage 
of  all  ordinances  and  resolutions  and  entered  upon  the 
journal  of  the  proceedings  of  the  Council. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


31 


Majority  vote  of  Council. 

(3)  No  ordinance  or  resolution  shall  be  passed  or  be- 
come effective  without  receiving  the  affirmative  votes  of  at 
least  three  members  of  the  Council. 

Subject  and  title. 

(4)  Every  ordinance  or  resolution,  except  an  ordinance 
making  appropriations,  shall  be  confined  to  one  subject, 
which  shall  be  clearly  expressed  in  the  title,  and  every 
ordinance  making  appropriations  shall  be  confined  to  the 
subject  of  appropriations.  If  any  subject  shall  be  em- 
braced in  an  ordinance  which  shall  no.t  be  expressed  in  its 
title,  such  ordinance  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  expressed  in  its  title. 

Enacting  clause  of  ordinance. 

(5)  The  enacting  clause  of  all  ordinances  passed  by  the 
Council  shall  be  in  these  words : “Be  it  ordained  by  the 
Council  of  the  City  of  Berkeley  as  follows:” 

Requirements  of  an  ordinance. 

(6)  To  constitute  an  ordinance  a bill  must  before  final 
action  thereon  be  passed  to  print  and  published  with  the 
ayes  and  noes  for  two  days,  and,  in  case  of  any  amend- 
ment being  made  thereto  before  the  final  adoption  of  the 
ordinance,  must  in  like  manner  be  republished  as  amended 
for  not  less  than  one  day. 

Ordinance  required  in  certain  cases. 

(7)  No  action  providing  for  any  specific  improvements 
or  the  appropriation  or  expenditure  of  any  public  money, 
except  sums  less  than  five  hundred  dollars ; for  the  appro- 
priation, acquisition,  sale  or  lease  of  public  property;  for 
the  levying  of  any  tax  or  assessment;  for  the  granting  of 
any  franchise ; for  establishing  or  changing  fire  limits, 
or  for  the  imposing  of  any  penalty,  shall  be  taken  except 
by  ordinance;  provided,  that  such  exceptions  be  observed 
as  may  be  called  for  in  cases  where  the  Council  takes 
action  in  pursuance  of  a general  law  of  the  State. 

Reconsideration. 

(8)  When  any  bill  is  put  upon  its  final  passage  and 


32 


CHARTER  OF  THE  CITY  OF  BERKELEY 


fails  to  pass,  and  a motion  is  made  to  reconsider,  the  vote 
upon  such  motion  shall  not  be  taken  except  at  a meetings 
of  the  Council  held  not  less  than  one  week  after  the  meet- 
ing at  which  such  motion  was  made. 

Signing  and  attesting. 

(9)  All  resolutions  and  ordinances  shall  be  signed  by 
the  Mayor  and  attested  by  the  City  Clerk. 

Revision  and  amendment. 

(10)  No  ordinance  shall  be  revised,  re-enacted  or  amen- 
ded by  reference  to  its  title  only;  but  the  ordinance  to  be 
revised  or  re-enacted,  or  the  section  or  sections  thereof  to 
be  amended,  or  the  new  section  or  sections  to  be  added 
thereto,  shall  be  set  forth  and  adopted  in  the  method  pro- 
vided in  this  section  for  the  adoption  of  ordinances. 

Repeal. 

(11)  No  ordinance  nor  section  thereof  shall  be  repealed 
except  by  ordinance  adopted  in  the  manner  provided  in 
this  section. 

Ordinances  granting  franchises. 

(12)  No  bill  for  the  grant  of  any  franchise  shall  be  put 
upon  its  final  passage  within  thirty  days  after  its  intro- 
duction, and  no  franchise  shall  be  renewed  before  one 
year  prior  to  its  expiration. 

Record  of  City  ordinances. 

(13)  A true  and  correct  copy  of  all  ordinances  shall  be 
kept  and  certified  to  by  the  City  Clerk  in  a book  marked 
“City  Ordinances.”  Such  record  copy,  with  such  certifi- 
cate, or  the  original  ordinance,  shall  be  prima  facie  evi- 
dence of  the  contents  of  the  ordinance  and  of  the  due 
passage  and  publication  of  the  same,  and  shall  be  ad- 
missible as  such  in  any  court  or  proceeding.  Such  records 
shall  not  be  filed  in  any  case,  but  shall  be  returned  to  the 
custody  of  the  City  Clerk.  Nothing  herein  contained  shall 
be  construed  to  prevent  the  proof  of  the  passage  and  pub- 
lication of  an  ordinance  in  the  usual  way. 

Protection  of  absent  commissioner. 

Sec.  45.  No  final  action  shall  be  taken  in  any  manner 


CHARTER  OF  THE  CITY  OF  BERKELEY 


33 


concerning  the  special  department  of  any  absent  Council- 
man unless  such  business  has  been  made  a special  order 
of  the  day  by  action  at  a previous  meeting  of  the  Council 
or  such  action  is  taken  at  a regular  meeting  of  the  Council. 
Publication  of  Charter  and  ordinances. 

Sec.  46.  The  Council,  during  the  first  year  after  its 
organization  under  this  Charter  and  from  time  to  time 
thereafter,  shall  cause  all  ordinances  at  such  time  in  force 
to  be  classified  under  appropriate  heads,  and,  together  with 
or  separately  from  the  Charter  of  the  City  and  such  pro- 
visions of  the  Constitution  and  laws  of  the  State  as  the 
Council  may  deem  expedient,  to  be  published  in  book  form. 

ARTICLE  IX. 

POWERS  OF  THE  CITY  AND  OF  THE  COUNCIL 

General  powers  of  the  City. 

Sec.  47.  Without  denial  or  disparagement  of  other 
powers  held  under  the  constitution  and  laws  of  the  State, 
the  City  of  Berkeley  shall  have  the  right  and  power : 
Public  buildings,  works  and  institutions. 

(1)  To  acquire  by  purchase,  condemnation  or  other- 
wise, and  to  establish,  maintain,  equip,  own  and  operate 
libraries,  reading  rooms,  art  galleries,  museums,  schools, 
kindergartens,  parks,  playgrounds,  places  of  recreation, 
fountains,  baths,  public  toilets,  markets,  market  houses, 
abattoirs,  dispensaries,  infirmaries,  hospitals,  charitable  in- 
stitutions, jails,  houses  of  correction  and  farm  schools, 
work  houses,  detention  homes,  morgues,  cemeteries,  cre- 
matories, garbage  collection  and  garbage  disposal  and  re- 
duction works,  street  cleaning  and  sprinkling  plants,  quar- 
ries, wharves,  docks,  waterways,  canals,  and  all  other 
public  buildings,  places,  works  and  institutions. 

Water,  light,  heat  and  power. 

(2)  To  acquire  by  purchase,  condemnation  or  other- 
wise, and  to  establish,  maintain,  equip,  own  and  operate 
waterworks,  gas  works,  electric  light,  heat  and  power 
works,  within  or  without  the  City,  and  to  supply  the 
City  and  its  inhabitants  and  also  persons,  firms  and  corpo- 
rations outside  the  City,  with  water,  gas  and  electricity.  * 


34 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Telephone,  telegraph  and  transportation. 

(3)  To  acquire  by  purchase,  condemnation  or  other- 
wise, and  to  establish,  maintain,  equip,  own  and  operate 
telephone  and  telegraph  systems,  cable,  electric  or  other 
railways,  ferries  and  transportation  service  of  any  kind. 

Sale  of  products  of  public  utilities. 

(4)  To  sell  gas,  water,  electric  current  and  all  products 
of  any  public  utility  operated  by  the  City. 

Land  for  public  purposes. 

(5)  To  acquire  by  purchase,  condemnation  or  other- 
wise within  or  without  the  City,  such  lands  or  other  prop- 
erty as  may  be  necessary  for  the  establishment,  main- 
tenance and  operation  of  any  public  utility  or  to  provide 
for  and  effectuate  any  other  public  purpose;  and  to  sell, 
convey,  encumber  and  dispose  of  the  same  for  the  common 
benefit. 

Lease  of  public  utilities. 

(6)  To  lease  to  corporations  or  individuals  for  the 
purpose  of  maintenance  and  operation  any  public  utility 
owned  by  the  City. 

Bequests  and  donations. 

(7)  To  receive  bequests,  gifts  and  donations  of  all 
kinds  of  property,  in  fee  simple,  or  in  trust  for  charitable 
and  other  purposes,  and  do  all  acts  necessary  to  carry  out 
the  purpose  of  such  bequests,  gifts  and  donations,  with 
power  to  manage,  sell,  lease  or  otherwise  dispose  of  the 
same  in  accordance  with  the  terms  of  the  bequest,  gift  or 
trust,  or  absolutely  in  case  such  bequest,  gift  or  trust  be 
unconditional. 

Borrowing  money,  bonds. 

(8)  To  borrow  money  for  any  of  the  purposes  for 
which  the  City  is  authorized  to  provide  and  for  carrying 
out  any  of  the  powers  which  the  City  is  authorized  to 
enjoy  and  exercise  and  to  issue  bonds  therefor;  provided, 
that  in  the  procedure  for  the  creation  and  issuance  of  such 
bonded  indebtedness  the  general  laws  of  the  State  of 


CHARTER  OF  THE  CITY  OF  BERKELEY 


35 


California  in  force  at  the  time  of  such  proceedings  are 
taken  shall  be  observed  and  followed. 

Special  Tax. 

(9)  To  raise  money  by  a special  tax,  in  addition  to  the 
annual  tax  levy  provided  in  Section  57  of  this  Charter.  To 
authorize  such  special  tax,  the  provisions  of  Section  92  of 
Article  XIII  relating  to  the  Initiative,  or  of  Section  94  of 
Article  XIV  relating  to  the  Referendum,  shall  be  followed, 
and  the  levy  of  such  tax  must  be  approved  by  at  least  two- 
thirds  of  the  qualified  electors  who  vote  thereon.  At  such 
election  the  Council  may  be  authorized,  in  cases  where 
public  necessity  requires  the  expenditure  of  any  sum  so 
voted  before  the  next  succeeding  tax  levy,  to  borrow  such 
sum  and  provide  in  the  next  succeeding  tax  levy  for  its 
repayment  with  interest  at  not  exceeding  five  per  cent  per 
annum.  Or  the  Council  may  be  authorized  to  levy  a 
special  tax  each  year  for  a period  of  years  not  exceeding 
three  years  in  all,  for  any  permanent  municipal  improve- 
ment, and  the  money  so  raised  may  be  expended  each 
year  after  the  same  is  collected  and  available. 

Joint  ownership  of  water  supply. 

(10)  To  join  with  one  or  more  cities  incorporated 
under  the  Constitution  and  laws  of  the  State  in  order  to 
acquire  and  develop  jointly  a source  or  sources  of  water 
supply  for  municipal  and  domestic  purposes  and  to  con- 
struct the  works  necessary  for  their  joint  and  several 
purposes  and  needs  and  to  unite  with  such  cities  in  bond 
issues  therefor. 

Sue  and  defend. 

(11)  To  sue  and  defend  in  all  courts  and  places  and  in 
all  matters  and  proceedings. 

Direct  legislation  by  people. 

Sec.  48.  The  qualified  voters  of  the  City  shall  have 
power  through  the  initiative  and  otherwise,  as  provided  by 
this  Charter  and  the  general  laws  of  the  State,  to  enact 
appropriate  legislation  to  carry  out  and  enforce  any  of  the 


36 


CHARTER  OF  THE  CITY  OF  BERKELEY 


above  general  powers  of  the  City  or  any  of  the  specified 
powers  of  the  Council. 

Powers  of  the  Council  enumerated. 

Sec.  49.  As  the  legislative  organ  of  the  City,  the  Coun- 
cil, subject  to  the  provisions  and  restrictions  of  this 
Charter,  shall  have  power: 

Official  Seal. 

(1)  To  provide  a corporate  seal,  with  appropriate 
device,  to  be  affixed  to  all  instruments  or  writings  needing 
authentication. 

Violation  of  Charter  and  ordinances. 

(2)  To  prescribe  fines,  forfeitures  and  penalties  for  the 
violation  of  any  provision  of  this  Charter  or  of  any  ordi- 
nance; but  no  penalty  shall  exceed  five  hundred  dollars 
or  six  months’  imprisonment,  or  both. 

Nuisances. 

(3)  To  provide  for  the  summary  abatement  of  any 
nuisance  at  the  expense  of  the  person  or  persons  creating, 
causing,  committing  or  maintaining  such  nuisance. 
Rewards. 

(4)  To  offer  rewards  not  exceeding  two  hundred  and 
fifty  dollars  in  any  one  instance  for  the  apprehension  and 
conviction  of  any  person  who  may  have  committed  a felony 
in  the  City,  and  to  authorize  the  payment  thereof. 

Police  and  Fire  Departments. 

(5)  To  organize  and  maintain  police  and  fire  depart- 
ments, erect  the  necessary  buildings  and  own  all  imple- 
ments and  apparatus  required  therefor. 

Police  and  fire  alarm  systems. 

(6)  To  establish  and  maintain  a fire  alarm  and  police 
telegraph  or  telephone  system,  and  manage  and  control  the 
same,  and  to  appoint  a superintendent  thereof. 

Explosives. 

(7)  To  regulate  or  prohibit  the  manufacture,  keeping, 
storage  and  use  of  powder,  dynamite,  guncotton,  nitro- 
glycerine, fireworks  and  other  explosive  materials  and 
substances. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


37 


Inflammable  materials. 

(8)  To  regulate  the  storage  of  hay,  straw,  oil  and  other 
inflammable  and  combustible  materials. 

Engines  and  boilers. 

(9)  To  regulate  the  use  of  steam  engines,  gas  engines, 
steam  boilers,  and  electric  motors,  and  to  prohibit  their 
use  in  such  localities  as  in  the  judgment  of  the  Council 
would  endanger  public  safety. 

Fire  limits. 

(10)  To  prescribe  fire  limits  and  determine  the  char- 
acter and  height  of  buildings  that  may  be  erected  therein 
and  the  nature  of  the  materials  to  be  used  in  the  con- 
struction, alteration  or  repair  of  such  buildings  or  in  the 
repair  or  alteration  of  existing  buildings  within  such  fire 
limits. 

Building  regulations. 

(11)  To  regulate  the  construction  of  and  the  materials* 
used  in  all  buildings,  chimneys,  stacks  and  other  struc- 
tures ; to  prevent  the  erection  and  maintenance  of  insecure 
or  unsafe  buildings,  walls,  chimneys,  stacks  or  other 
structures,  and  to  provide  for  their  summary  abatement 
or  destruction ; to  regulate  the  materials  used  in  and  the 
method  of  construction  of  foundations  and  foundation 
walls,  the  manner  of  construction  and  location  of  drains 
and  sewers,  the  materials  used  in  wiring  buildings  or  other 
structures  for  the  use  of  electricity  for  lighting,  power, 
heat  and  other  purposes,  and  materials  used  for  piping 
buildings  or  other  structures  for  the  purpose  of  supplying 
the  same  with  water  or  gas  and  the  manner  of  so  doing; 
to  prohibit  the  construction  of  buildings  and  structures 
which  do  not  conform  to  such  regulations. 

Fire  escapes. 

(12)  To  require  the  owners  and  lessees  of  buildings  or 
other  structures  to  place  upon  them  or  in  them  fire 


*“Material”  appears  in  the  original  subdivision  as  published,  and 
“materials”  in  the  Act  of  the  Legislature,  as  approved  and  recorded. 


38 


CHARTER  OF  THE  CITY  OF  BERKELEY 


escapes  and  appliances  for  protection  against  fire  and  for 
the  extinguishment  of  fires. 

Precaution  against  fires. 

(13)  To  prevent  the  construction  and  to  cause  the  re- 
moval of  dangerous  chimneys,  fireplaces,  hearths,  stoves, 
stove  pipes,  ovens,  boilers,  apparatus  and  machinery  used 
in  any  building  in  the  City ; to  regulate  the  carrying  on 
of  manufactories  liable  to  cause  fire;  to  prevent  the  depos- 
iting of  ashes,  the  accumulation  of  shavings,  rubbish,  or 
any  combustible  material  in  unsafe  places,  and  to  .make 
provisions  to  guard  against  fires. 

Provisions  for  safety  in  theatres,  halls,  etc. 

(14)  To  regulate  the  size  and  construction  of  the 
entrances  to  and  exits  from  all  theatres,  lecture  rooms, 
halls,  schools,  churches,  and  other  places  for  public  gath- 
ering of  every  kind  and  to  prevent  the  placing  of  seats, 
chairs,  benches  or  other  obstructions  in  the  hallways,  aisles 
or  open  places  therein. 

Provision  for  safety  in  streets. 

(15)  To  regulate  the  speed  of  railroad  trains,  engines 
and  cars  passing  through  the  City  and  the  speed  of  cars 
of  street  or  interurban  railway  companies  using  the  public 
streets  of  the  City,  to  require  railroad  companies  to  station 
flagmen,  place  gates  or  viaducts  at  all  such  street  cross- 
ings as  the  Council  may  deem  proper,  to  require  street 
cars  and  local  trains  to  be  provided  with  fenders  or  other 
appliances  for  the  better  protection  of  the  public ; to  pro- 
hibit the  making  up  of  railroad  trains  on  any  of  the  streets, 
street  crossings  or  street  intersections  of  the  City ; to 
regulate  the  speed  with  which  persons  may  ride  or  drive 
or  propel  bicycles,  automobiles  or  other  vehicles  along  or 
upon  any  of  the  streets  or  highways  of  the  City. 

Improper  use  of  streets. 

(16)  To  regulate  or  prohibit  the  exhibition  or  carrying 
of  banners,  placards,  or  advertisements,  and  the  distribu- 
tion of  handbills  in  the  street,  public  grounds  or  upon 
the  sidewalks ; to  regulate  and  prevent  the  flying  of  ban- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


39 


ners,  flags  or  signs  across  the  streets  or  from  houses ; to 
regulate  or  prohibit  traffic  and  sales  in  the  streets  and 
public  places ; to  prevent  encroachments  upon  or  obstruc- 
tions to  the  streets,  and  to  require  their  removal. 

Weeds  and  rubbish  on  sidewalks. 

(17)  To  compel  the  owner  or  occupant  of  buildings  or 
grounds  to  remove  dirt,  rubbish  and  weeds  from  the  side- 
walk opposite  thereto ; and  in  his  default  to  authorize  the 
removal  or  destruction  thereof  by  some  officer  of  the  City 
at  the  expense  of  such  owner  or  occupant,  and  to  make 
such  expense  a lien  upon  such  buildings  or  grounds. 

Billboards  and  signs. 

(18)  To  regulate,  license  or  prohibit  the  construction 
and  use  of  billboards  and  signs. 

Dogs. 

(19)  To  regulate  and  prevent  the  running  at  large  of 
dogs,  to  prevent  dog  fights  in  the  streets,  to  provide  for 
the  destruction  of  vicious  dogs,  and  to  require  the  pay- 
ment of  license  fees  by  the  owners  or  persons  having 
possession  of  dogs,  and  to  impose  penalties  upon  such 
persons  for  refusing  to  pay  such  license  fee. 

Public  pound. 

(20)  To  prevent  or  regulate  the  running  at  large  of 
any  animals,  and  to  establish  and  maintain  a pound  and 
authorize  the  destruction  or  other  disposition  of  any 
animals  running  at  large. 

Cruelty  to  animals. 

(21)  To  prohibit  and  punish  cruelty  to  animals,  and  to 
require  the  places  where  they  are  kept  to  be  maintained  in 
a clean  and  healthful  condition. 

Preservation  of  health. 

(22)  To  make  all  regulations  which  may  be  necessary 
and  expedient  for  the  preservation  of  health  and  the  sup- 
pression of  disease;  to  make  regulations  to  prevent  the  in- 
troduction of  contagious,  malignant,  infectious  or  other 


40 


CHARTER  OF  THE  CITY  OF  BERKELEY 


diseases  into  the  City;  to  make  quarantine  laws  and  regu- 
lations; to  regulate,  control  and  prevent  the  entry  into 
the  City  of  persons,  baggage,  merchandise  or  other  prop- 
erty infected  with  contagious  disease. 

Dangerous  and  offensive  occupations;  disagreeable  noises. 

(23)  To  regulate  or  prohibit  the  operation  of  all  manu- 
factories, occupations  or  trades  which  may  be  of  such  a 
nature  as  to  affect  the  public  health  or  good  order  of  the 
City  or  disturb  the  public  peace,  or  which  may  be  offensive 
or  dangerous  to  the  inhabitants  residing  in  the  vicinity, 
and  to  provide  for  the  punishment  of  all  persons  violating 
such  regulations  and  the  punishment  of  all  persons  who 
knowingly  permit  the  same  to  be  violated  in  any  building 
or  upon  any  premises  owned  or  controlled  by  them ; to 
make  regulations  for  the  suppression  of  disagreeable,  of- 
fensive and  injurious  noises. 

Inspection  of  food  products. 

(24)  To  provide  for  and  regulate  the  inspection  by  the 
Health  Officer  of  meats,  poultry,  fish,  game,  bread,  butter, 
cheese,  lard,  eggs,  vegetables,  breadstuffs,  milk  and  other 
food  products  offered  for  sale  in  the  City,  and  to  provide 
for  the  taking  and  summarily  destroying  of  any  such 
products  as  are  unsound,  spoiled,  adulterated,  or  unwhole- 
some, and  to  regulate  and  prevent  bringing  into  the  City 
or  having  or  keeping  within  the  City  any  such  unsound, 
spoiled,  adulterated  or  unwholesome  products. 

Dairies. 

(25)  To  provide  for  and  regulate  the  inspection  of  all 
dairies  that  offer  for  sale  or  sell  any  of  their  products  in 
the  City. 

Lodging,  tenement  and  apartment  houses. 

(26)  To  regulate  lodging,  tenement  and  apartment 
houses  and  to  prevent  the  overcrowding  of  the  same  and 
to  require  that  they  be  put  and  kept  in  proper  sanitary 
condition. 

Sewer  connections. 

(27)  To  regulate  the  construction,  repair  and  use  of 


CHARTER  OF  THE  CITY  OF  BERKELEY 


41 


sewers,  sinks,  gutters,  wells,  cesspools,  and  vaults,  and  to 
compel  the  connecting,  cleaning,  or  emptying  of  the  same, 
and  to  designate  the  time  and  manner  in  which  the  work 
shall  be  done. 

Garbage. 

(28)  To  provide  for  the  collection  and  disposal  of  gar- 
bage, ashes,  animal  and  vegetable  refuse,  dead  animals, 
animal  offal,  rubbish  and  waste  matter. 

Licensing  business. 

(29)  To  license  for  purpose  of  regulation  and  revenue 
all  and  every  kind  of  business  not  prohibited  by  law  to  be 
transacted  or  carried  on  in  the  City ; to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise. 

Regulation  of  public  vehicles. 

(30)  To  establish  stands  for  hacks,  public  carriages, 
express  wagons,  and  other  public  vehicles  for  hire,  and 
regulate  the  charges  of  such  hacks,  public  carriages,  ex- 
press wagons  and  other  public  vehicles,  and  to  require 
schedules  of  such  charges  to  be  posted  in  or  upon  such 
public  vehicle. 

Weights  and  measures. 

(31)  To  provide  for  the  inspection  and  sealing  of  all 
weights  and  measures  used  in  the  City,  and  enforce  the 
keeping  and  use  by  dealers  of  proper  weights  and  meas- 
ures duly  tested  and  sealed. 

Public  shows.  Gambling. 

(32)  To  license,  regulate,  restrain  or  prohibit  all  exhi- 
bitions, public  shows,  games  and  amusements ; to  prevent 
and  prohibit  all  descriptions  of  gambling  and  fraudulent 
devices  and  practices,  all  playing  of  cards,  dice  or  other 
games  of  chance  for  the  purpose  of  gambling,  the  keeping 
or  operating  of  card  machines,  slot  machines  or  other 
contrivances  upon  or  into  which  money  is  staked,  haz- 
arded, deposited  or  paid  upon  chance  and  the  selling  of 
pools  on  races,  and  to  authorize  the  destruction  of  all 
instruments  used  for  the  purpose  of  gambling. 


42 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Public  order  and  decency. 

(33)  To  restrain  and  punish  vagrants,  mendicants,  lewd 
persons  and  prostitutes ; to  prevent  and  punish  drunk- 
enness, prize  fights  and  all  offensive,  immoral,  indecent 
and  disorderly  conduct  and  practices  in  the  City. 

Taxation. 

(34)  To  levy  and  collect  taxes  upon  all  real  and 
personal  property  within  the  City,  subject  to  the  limita- 
tions elsewhere  in  this  Charter  provided. 

Erroneously  collected  taxes. 

(35)  To  order  the  repaying  by  the  Treasurer  of  any 
taxes,  percentages  or  costs  erroneously  or  illegally  col- 
lected. 

Fees. 

(36)  To  fix  the  fees  and  charges  for  all  official  services 
not  otherwise  provided  for  in  this  Charter. 

Mayor’s  urgency  fund. 

(37)  To  provide  an  urgent  necessity  funds  not  exceed- 
ing five  hundred  dollars  a year,  to  be  expended  under  the 
direction  of  the  Mayor. 

Lease  of  lands  owned  by  the  City. 

(38)  To  provide  for  the  lease  of  any  lands  now  or 
hereafter  owned  by  the  City,  but  all  leases  shall  be  made 
at  public  auction  to  the  highest  responsible  bidder  at  the 
highest  monthly  rent,  after  publication  of  notice  thereof 
for  at  least  one  week,  stating  explicitly  the  time  and  con- 
ditions of  the  proposed  lease ; provided,  that  the  Council 
may  in  its  discretion  reject  any  or  all  bids. 

Purchase  of  property  under  execution. 

(39)  To  provide  for  the  purchase  of  property  levied 
upon  or  under  execution  in  favor  of  the  City,  but  the 
amount  bid  on  such  purchase  shall  not  exceed  the  amount 
of  judgment  and  costs. 

Sale  of  useless  personal  property. 

(40)  To  provide  for  the  sale  at  public  auction,  after 


CHARTER  OF  THE  CITY  OF  BERKELEY 


43 


advertising  for  five  days,  of  personal  property  unfit  or 
unnecessary  for  the  use  of  the  City. 

Trusts. 

(41)  To  provide  for  the  execution  of  all  trusts  con- 
fided to  the  City. 

Street  grades. 

(42)  To  establish  or  change  the  grade  of  any  street  or 
public  place. 

Street  work. 

(43)  To  order  the  whole  or  any  part  of  any  street, 
avenue,  lane,  alley,  court  or  place  within  the  City  of 
Berkeley  to  be  graded  or  regraded  to  the  official  grade, 
planked  or  replanked,  paved  or  repaved,  macadamized  or 
re-macadamized,  graveled  or  re-graveled,  piled  or  re-piled, 
capped  or  re-capped,  sewered  or  re-sewered,  and  to  order 
sidewalks,  manholes,  culverts,  cesspools,  gutters,  tunnels, 
curbing  and  crosswalks  to  be  constructed  therein,  and  to 
order  breakwaters,  levees  or  walls  of  rock  or  other  ma- 
terial to  protect  the  same  and  also  any  other  work  or  im- 
provement therein ; to  provide  for  the  care  of  shade  trees 
planted  therein  and  to  cause  shade  trees  to  be  planted,  set 
out  and  cultivated  therein ; and  also  to  order  drainage  or 
sanitary  sewers  or  storm  water  sewers  to  be  constructed 
on  or  through  private  property. 

Whenever,  in  the  judgment  of  the  Council  or  of  the 
people,  the  cost  and  expense  of  any  of  the  foregoing  im- 
provements is  to  be  paid  by  special  assessments  on  pri- 
vate property,  the  general  laws  of  the  State  of  California 
in  force  at  the  time  of  the  improvement  shall  govern  and 
control,  and  all  proceedings  shall  be  in  conformity  thereto. 

Street  Openings. 

(44)  To  order  the  opening,  extending,  widening, 
straightening  or  closing  of  any  street,  lane,  alley,  court  or 
public  place  within  the  City  or  over  tide  lands  and  lands 
covered  by  the  waters  of  San  Francisco  Bay  within  the 
City,  and  to  condemn  and  acquire  any  and  all  property 
necessary  and  convenient  for  that  purpose. 


44 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Whenever,  in  the  judgment  of  the  Council  or  of  the 
people,  the  cost  and  expense  of  any  of  the  foregoing 
improvements  is  to  be  paid  by  special  assessment  on 
private  property,  the  general  laws  of  the  State  of  California 
in  force  at  the  time  of  the  improvement  shall  govern  and 
control  and  all  proceedings  shall  be  in  conformity  thereto, 
except  that  all  the  duties  of  the  commissioners  shall  be 
performed  by  the  Commissioner  of  Public  Works,  and  all 
clerical  work  shall  be  performed  by  the  Superintendent  of 
Streets,  who  shall  receive  no  compensation  therefor  other 
than  the  salaries  of  their  respective  offices. 

As  amended  in  1913.  (Statutes  1913,  Chap.  6,  p.  1502.) 

Light  and  water. 

(45)  To  provide  for  the  lighting  of  the  streets,  high- 
ways, public  places,  and  public  buildings  and  for  supply- 
ing the  City  with  water  for  municipal  purposes. 

Boulevards. 

(46)  To  set  apart  as  a boulevard  or  boulevards  any 
street  or  streets  over  which  there  is  no  existing  franchise 
for  any  railroad  and  to  regulate  and  prevent  heavy  teaming 
thereon ; and  when  any  such  street  shall  have  been  set 
aside  as  a boulevard,  no  franchise  for  a railroad,  interur- 
ban  railway  or  street  railway  of  any  kind  shall  be  granted 
upon  such  boulevard  and  no  railroad  track  of  any  kind 
shall  ever  be  laid  thereon,  unless  an  ordinance  to  that 
effect  shall  have  been  duly  passed  by  popular  vote,  as 
provided  in  Articles  XIII  and  XIV. 

Closed  or  abandoned  streets. 

(47)  Whenever  any  street  or  portion  of  a street  shall 
be  abandoned  or  closed  by  ordinance,  to  convey  by  deed 
such  street  or  portion  of  street  so  abandoned  or  closed, 
to  the  owners  of  the  lands  adjacent  thereto  in  such  wise 
as  the  Council  shall  deem  that  equity  requires. 

Waterfront  and  wharves. 

(48)  To  improve,  keep  in  repair  and  control  the  water- 
front of  the  City,  to  fix  the  rates  of  wharfage,  dockage, 
and  tolls,  and  provide  for  the  collection  thereof,  to  license, 


CHARTER  OF  THE  CITY  OF  BERKELEY 


45 


regulate  and  control  the  landing,  anchorage  and  moorage 
of  steamboats,  sailing  vessels,  rafts,  tug  boats  and  all 
other  watercraft  within  the  jurisdiction  of  the  City. 

Regulation  of  public  utility  rates. 

(49)  To  fix  and  determine  by  ordinance  in  the  month 
of  February  of  each  year,  to  take  effect  on  the  first  day  of 
July  thereafter,  the  rates  or  compensation  to  be  collected 
by  any  person,  firm  or  corporation  in  the  City,  for  the  use 
of  water,  heat,  light,  power  or  telephone  service,  supplied 
to  the  City  or  to  the  inhabitants  thereof,  and  to  prescribe 
the  quality  of  the  service. 

Regulation  of  street  railroads. 

(50)  To  regulate  street  railroads,  their  tracks  and  cars, 
to  compel  the  owners  of  two  or  more  such  street  railroads 
using  the  same  street  for  any  distance  not  exceeding  ten 
blocks,  to  use  the  same  tracks  and  to  equitably  divide  the 
cost  of  construction  and  the  cost  of  maintenance  thereof 
between  them. 

Railroads  to  keep  streets  in  repair. 

(51)  To  require  every  railroad  company  to  keep  the 
streets  in  repair  between  the  tracks,  and  along  and  within 
the  distance  of  two  feet  upon  each  side  of  the  tracks, 
occupied  by  the  company. 

Spur  tracks. 

(52)  To  permit  the  laying  down  of  spur  or  side  tracks 
and  running  cars  thereon,  for  the  purpose  of  connecting 
warehouses,  manufactories  or  other  business  industries  and 
enterprises  with  any  line  of  railroads  that  may  be  built 
along  the  water  front  or  with  any  other  lines  of  railroad 
which  do  now  or  may  hereafter  enter  the  City,  subject  to 
such  regulations  and  conditions  as  may  be  prescribed  from 
time  to  time  by  the  Council,  such  tracks  to  be  used  for 
the  transportation  of  freight  only,  and  not  to  be  used  as  a 
main  line  or  a part  thereof;  and  also  for  the  purpose  of 
excavating  and  filling  in  a street  or  portion  of  a street  or 
the  adjoining  land,  and  for  such  limited  time  as  may  be 
necessary  for  such  purpose  and  no  longer. 


46 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Such  tracks  must  be  laid  level  with  the  street  and  must 
be  operated  under  such  restrictions  as  not  to  interfere 
with  the  use  of  the  streets  by  the  public.  All  permits 
granted  under  the  provisions  hereof  shall  be  revocable  at 
the  pleasure  of  the  Council. 

Regulation  of  poles  and  wires. 

(53)  To  cause  the  removal  and  placing  underground  of 
all  telephone,  telegraph,  electric  light  or  other  wires  within 
the  City,  or  within  any  designated  portion  thereof,  and  to 
regulate  or  prohibit  the  placing  of  poles  and  suspending 
of  wires  along  or  across  any  of  the  streets,  highways  and 
public  places  in  the  City. 

Size  and  location  of  pipes. 

(54)  To  regulate  the  size  and  location  of  all  water 
pipes,  gas  pipes,  and  all  other  pipes  and  conduits  laid  or 
constructed  in  the  streets  and  public  places,  and  to  require 
the  filing  of  charts  and  maps  of  such  pipes  and  conduits. 

Elections. 

(55)  To  make  all  rules  and  regulations  governing 
elections  not  inconsistent  with  this  Charter. 

Civil  Service  Commission. 

(56)  To  establish  a bureau  of  Civil  Service  and  to  ap- 
point a commission,  to  serve  without  compensation,  to  ad- 
minister the  same  under  rules  and  regulations  to  be  made 
by  the  Council.  Such  commission  shall,  among  other 
things,  provide  for  the  classification  of  all  employments  in 
the  administrative  service  of  the  City  not  excepted  by  the 
provisions  of  this  Charter,  by  the  Council  or  by  the  people, 
for  open,  competitive  and  free  examinations  as  to  fitness, 
for  an  eligible  list  from  which  vacancies  shall  be  filled,  for 
a period  of  probation  before  employment  is  made  per- 
manent, and  for  promotion  on  the  basis  of  merit,  experi- 
ence and  record. 

Civic  Art  Commission. 

(57)  To  establish  a Civic  Art  Commission  and  to  ap- 
point Commissioners  thereon,  to  serve  without  compen- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


47 


sation,  with  such  powers  and  duties  as  may  be  fixed  by 
the  Council. 

Park  Commission. 

(58)  To  establish  a Park  Commission,  and  to  appoint 
Commissioners  thereon,  to  serve  without  compensation, 
with  such  powers  and  duties  as  may  be  fixed  by  the 
Council. 

Playground  Commission. 

(59)  To  establish  a Playground  Commission  and  to 
appoint  Commissioners  thereon,  to  serve  without  compen- 
sation, with  such  powers  and  duties  as  may  be  fixed  by 
the  Council. 

Commission  of  Public  Charities. 

(60)  To  establish  a Commission  of  Public  Charities 
and  to  appoint  Commissioners  thereon,  to  serve  without 
compensation,  with  such  powers  and  duties  as  may  be 
fixed  by  the  Council. 

Municipal  ownership. 

(61)  To  provide  a suitable  procedure  for  taking  over  or 
otherwise  acquiring  municipal  ownership  of  public  utilities. 

Additional  powers. 

(62)  To  enact  appropriate  legislation  and  do  and  per- 
form any  and  all  other  acts  and  things  which  may  be 
necessary  and  proper  to  carry  out  the  general  powers  of 
the  City  or  any  of  the  provisions  of  this  Charter,  and  to 
exercise  all  powers  not  in  conflict  with  the  Constitution  of 
the  State,  with  this  Charter  or  with  ordinances  adopted  by 
the  people  of  the  City  . 

ARTICLE  X. 

FINANCE  AND  TAXATION 

The  fiscal  year. 

Sec.  50.  The  fiscal  year  of  the  City  shall  commence 
upon  the  first  day  of  July  of  each  year,  or  at  such  other 
time  as  may  be  fixed  by  ordinance. 


48 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Tax  System. 

Sec.  51.  The  Council  shall  by  ordinance  provide  a sys- 
tem for  the  assessment,  levy  and  collection  of  all  City 
taxes  not  inconsistent  with  the  provisions  of  this  Charter. 

The  Council  shall  have  power  to  avail  itself  by  ordinance 
of  any  law  of  the  State  of  California  now  or  hereafter  in 
force  and  comply  with  the  requirements  thereof  whereby 
assessments  may  be  made  by  the  Assessor  of  the  County 
in  which  the  City  of  Berkeley  is  situated  and  taxes  col- 
lected by  the  Tax  Collector  of  said  County  for  and  on  be- 
half of  the  City  of  Berkeley.  Other  provisions  of  this 
charter  concerning  the  assessment,  levy  and  collection  of 
taxes  shall  be  subject  to  the  provisions  of  any  such  ordi- 
nance while  the  same  shall  be  in  force. 

Department  estimates  of  annual  requirements. 

Sec.  52.  On  or  before  the  first  Monday  in  April  in  each 
year  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
Council,  the  heads  of  departments,  offices,  boards  and 
commissions  shall  send  to  the  Commissioner  of  Finance 
and  Revenue  a careful  estimate  in  writing  of  the  amounts 
specifying  in  detail  the  objects  thereof,  required  for  the 
business  and  proper  conduct  of  their  respective  depart- 
ments, offices,  boards  and  commissions,  during  the  next 
ensuing  fiscal  year. 

Annual  estimate  of  City’s  requirements  and  revenue. 

Sec.  53.  On  or  before  the  first  Monday  in  May  in  each 
year,  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
Council,  the  Commissioner  of  Finance  and  Revenue  shall 
submit  to  the  Council  an  estimate  of  the  probable  expendi- 
tures of  the  City  government  for  the  next  ensuing  fiscal 
year,  stating  the  amount  required  to  meet  the  interest  and 
sinking  funds  for  the  outstanding  funded  indebtedness  of 
the  City,  and  the  wants  of  all  the  departments  of  the 
municipal  government  in  detail,  and  showing  specifically 
the  amount  necessary  to  be  provided  for  each  fund  and 
department ; also  an  estimate  of  the  amount  of  income 
from  fines,  licenses  and  other  sources  of  revenue  exclusive 


CHARTER  OF  THE  CITY  OF  BERKELEY 


49 


of  taxes  upon  property,  and  the  probable  amount  required 
to  be  levied  and  raised  by  taxation. 

Annual  Budget. 

Sec.  54.  The  Council  shall  meet  annually  prior  to  fixing 
the  tax  levy  and  make  a budget  of  the  estimated  amounts 
required  to  pay  the  expenses  of  conducting  the  business  of 
the  City  government  for  the  next  ensuing  fiscal  year.  The 
budget  shall  be  prepared  in  such  detail  as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  each  department, 
office  board  or  commission  as  the  Council  may  deem 
advisable. 

Board  of  Equalization. 

Sec.  55.  The  Council  shall  meet  at  their  usual  place  of 
holding  meetings  on  the  first  Monday  in  August~©f  each 
year,  at  ten  o’clock  in  the  forenoon  of  said  day,  and  sit  as 
a Board  of  Equalization,  and  shall  continue  in  session 
from  day  to  day  until  the  last  Monday  in  August.  They 
shall  have  power  to  hear  complaints  and  to  correct,  mod- 
ify, strike  out  or  to  raise  any  assessment,  provided  that 
notice  shall  be  given  to  the  party  whose  assessment  is  to 
be  raised. 

Annual  tax  levy. 

Sec.  56.  The  Council  must  finally  adopt,  not  later  than 
the  first  Tuesday  in  September,  an  ordinance  levying  upon 
the  assessed  valuation  of  the  property  in  the  City,  subject 
to  the  provisions  of  this  Charter,  a rate  of  taxation  upon 
each  hundred  dollars  of  valuation  sufficient  to  raise  the 
amounts  estimated  to  be  required  in  the  annual  budget, 
less  the  amount  estimated  to  be  received  from  fines, 
licenses  and  other  sources  of  revenue.  They  shall  then 
deliver  the  assessment  roll  to  the  Auditor,  who  shall  com- 
pute and  carry  out  the  amount  of  the  tax  so  levied  upon 
each  parcel  of  property  contained  in  said  assessment  roll 
The  corrected  list  for  each  tax  shall  be  the  assessment 
roll  of  said  tax  for  said  year,  and  it  shall  be  certified  by 
the  Auditor  as  being  the  assessment  roll  of  said  tax. 


50 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Limit  of  tax  levy. 

Sec.  57.  The  tax  levy  authorized  by  the  Council  to  meet 
the  municipal  expenses  for  each  fiscal  year  shall  not  exceed, 
except  as  herein  provided,  the  rate  of  one  dollar  on  each 
one  hundred  dollars  of  the  assessed  value  of  all  real  and 
personal  property  within  the  City.  The  Council,  if  re- 
quested by  the  Board  of  Education,  shall  in  addition  to  the 
tax  for  municipal  purposes,  levy  a tax  for  the  adequate 
support  of  the  public  schools,  such  levy  not  to  exceed 
thirty-five  cents  on  each  one  hundred  dollars  of  the  as- 
sessed value  of  all  real  and  personal  property  within  the 
City. 

As  amended  in  1913.  (Statutes  1913,  Chap.  6,  p.  1502.) 

Bond  tax.  Library  tax. 

Sec.  58.  The  Council  shall  have  power  to  levy  and  col- 
lect taxes  in  addition  to  the  taxes  herein  authorized  to  be 
levied  and  collected,  sufficient  to  pay  the  interest  and 
maintain  a sinking  fund  of  the  bonded  indebtedness  of  the 
City  and  to  provide  for  the  establishment  and  support  of 
free  public  libraries  and  reading  rooms. 

Cash  Basis  Fund. 

Sec.  59.  The  Council  shall  create  and  maintain  a per- 
manent revolving  fund,  to  be  known  as  the  Cash  Basis 
Fund,  for  the  purpose  of  putting  the  payment  of  the  run- 
ning expenses  of  the  City  on  a cash  basis.  For  this  pur- 
pose the  Council  shall  provide  that,  from  the  money  col- 
lected from  the  annual  tax  levy  and  from  money  received 
from  other  sources,  a sum  equal  to  not  less  than  two  and 
one-half  cents  on  each  one  hundred  dollars  of  the  assessed 
value  of  said  property  shall  be  placed  in  such  fund  until 
the  accumulated  amount  in  such  fund  shall  be  sufficient  to 
meet  all  legal  demands  against  the  treasury  for  the  first 
four  months  or  other  necessary  period  of  the  succeeding 
fiscal  year. 

The  Council  shall  have  power  to  transfer  from  the  Cash 
Basis  Fund  to  any  other  fund  or  funds  such  sum  or  sums 
as  may  be  required  for  the  purpose  of  placing  such  fund 
or  funds,  as  nearly  as  possible,  on  a cash  basis.  It  shall 


CHARTER  OF  THE  CITY  OF  BERKELEY 


51 


be  the  duty  of  the  Council  to  provide  that  all  money  so 
transferred  from  the  Cash  Basis  Fund  be  returned  thereto 
before  the  end  of  the  fiscal  year. 

Tax  liens. 

Sec.  60.  All  taxes  assessed,  together  with  any  per- 
centage imposed  for  delinquency  and  the  cost  of  collec- 
tion, shall  constitute  liens  on  the  property  assessed ; 
every  tax  upon  the  personal  property  shall  be  a lien  upon 
the  real  property  of  the  owner  thereof.  The  liens  provided 
for  in  this  section  shall  attach  as  of  the  first  Monday  in 
March  of  each  year,  and  may  be  enforced  by  actions  in 
any  court  of  competent  jurisdiction  to  foreclose  such  liens, 
or  by  a sale  of  the  property  affected  and  the  execution 
and  delivery  of  all  necessary  certificates  and  deeds  therefor, 
under  such  regulations  as  may  be  prescribed  by  ordinance ; 
provided,  that  when  real  estate  is  offered  for  sale  for  City 
taxes  due  thereon,  the  same  shall  be  struck  off  and  sold  to 
the  City,  in  like  case  and  in  like  manner  and  with  like 
effect  and  with  like  right  of  redemption,  as  it  may  be 
struck  off  and  sold  to  the  State  when  offered  for  sale  for 
State  and  County  taxes ; and  the  Council  shall  have  power 
to  provide  for  the  procedure  to  be  followed  in  such  sales 
to  the  City  and  redemption  thereafter. 

Duties  of  the  Auditor. 

Sec.  61.  Money  shall  be  drawn  from  the  treasury  only 
upon  warrants  as  herein  authorized.  Every  demand 
against  the  City  from  whatever  source,  including  the 
School  Department  and  the  Free  Public  Library,  when  al- 
lowed by  the  Council  or  proper  board,  shall  be  signed  by 
the  President  and  Secretary  or  Clerk  of  such  body,  and  a 
warrant,  numbered  and  dated  the  same  as  the  demand 
issued  and  signed  by  the  same  officers,  and  both  must, 
before  it  can  be  paid,  be  presented  to  the  Auditor,  who 
shall  satisfy  himself  whether  the  money  is  legally  due 
and  its  payment  authorized  by  law.  If  he  allows  it,  he 
shall  endorse  upon  the  warrant  the  word  “Allowed,”  and 
the  date  of  such  allowance,  and  sign  his  name  thereto. 
No  demand  shall  be  approved,  allowed,  audited  or  paid 


52 


CHARTER  OF  THE  CITY  OF  BERKELEY 


unless  it  specify  each  special  item,  and  the  date  thereof. 
It  shall  be  the  duty  of  the  Auditor  to  be  constantly 
acquainted  with  the  exact  condition  of  the  treasury.  He 
shall,  on  application  of  any  person  indebted  to  the  City, 
holding  money  payable  into  the  City  Treasury  or  desiring 
to  pay  money  therein,  certify  to  the  Treasurer  the  amount 
thereof,  to  what  fund  applicable,  and  by  whom  to  be  paid. 
He  shall  charge  the  Treasurer  with  the  amount  received. 
It  shall  be  his  duty  to  apportion  among  the  several  funds 
all  public  money  at  any  time  in  the  City  Treasury,  not 
by  law  or  ordinance  specifically  apportioned  and  appro- 
priated, and  forthwith  notify  the  Treasurer  of  such  appor- 
tionment or  appropriation.  He  shall  countersign  and  de- 
liver to  the  proper  officers,  all  licenses  and  other  re- 
ceipts, charging  them  therewith,  and  taking  their  receipt 
therefor.  He  shall  on  the  first  Monday  of  each  month,  or 
oftener  if  required,  report  in  writing  to  the  Council  the 
condition  of  each  fund  in  the  Treasury.  He  shall  keep  a 
complete  set  of  books  for  the  City,  in  which  he  shall  set 
forth  in  a plain  and  businesslike  manner,  every  money 
transaction  of  the  City,  so  that  he  can  at  any  time  tell  the 
exact  condition  of  the  City’s  finances,  and  draw  all  war- 
rants on  the  treasury.  He  shall  perform  such  other  duties 
as  may  be  required  of  him  by  this  Charter  or  by  ordinance. 

Money  to  meet  warrants. 

Sec.  62.  When  the  running  expenses  of  the  City  have 
been  placed  on  a cash  basis,  warrants  payable  on  demand 
shall  be  drawn  upon  the  Treasurer,  or  against  any  funds 
in  his  hands,  only  when  at  the  time  of  the  drawing  and 
issuing  of  such  warrants  there  shall  be  sufficient  money 
in  the  appropriate  fund  in  the  treasury  to  pay  said 
warrants. 

Disposition  of  money  collected. 

Sec.  63.  Every  officer  collecting  or  receiving  any  moneys 
belonging  to  or  for  the  use  of  the  City  shall  settle  for  the 
same  with  the  Auditor  on  or  before  the  last  day  of  each 
month,  or  at  more  frequent  intervals  as  may  be  directed  by 
the  Council,  and  immediately  pay  all  the  same  into  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


53 


treasury,  on  the  order  of  the  Auditor,  for  the  benefit  of  the 
funds  to  which  such  moneys  severally  belong.  When  the 
last  day  of  the  month  falls  upon  Sunday  or  a legal  holiday, 
the  said  payments  shall  be  made  on  the  next  preceding 
business  day.  The  Council  may  provide,  in  its  discretion, 
for  the  deposit  of  the  City  moneys  in  banks  in  accordance 
with  the  State  law. 

Uniform  accounts  and  reports. 

Sec.  64.  The  Council  shall  prescribe  uniform  forms  of 
accounts,  which  shall  be  observed  by  all  officers  and  depart- 
ments of  the  City  which  receive  or  disburse  moneys.  When- 
ever an  act  shall  be  passed  by  the  State  Legislature  calling 
for  uniform  municipal  reports,  the  City  authorities  shall  be 
governed  thereby. 

ARTICLE  XI. 

PUBLIC  WORKS  AND  SUPPLIES 

Form  of  contracts. 

Sec.  65.  All  contracts  shall  be  drawn  under  the  super- 
vision of  the  City  Attorney.  All  contracts  must  be  in  writ- 
ing, executed  in  the  name  of  the  City  of  Berkeley  by  an 
officer  or  officers  authorized  to  sign  the  same,  and  must  be 
countersigned  by  the  Auditor,  who  shall  number  and  reg- 
ister the  same  in  a book  kept  for  that  purpose. 

Progressive  payments  on  contracts. 

Sec.  66.  Any  contract  may  provide  for  progressive  pay- 
ments, if  in  the  ordinance  authorizing  or  ordering  the  work 
permission  is  given  for  such  a contract.  But  no  progressive 
payments  can  be  provided  for  or  made  at  any  time  which, 
with  prior  payments,  if  there  have  been  such,  shall  exceed 
in  amount  at  that  time  seventy-five  per  cent  of  the  value 
of  the  labor  done  and  the  materials  used  up  to  that  time, 
and  no  contract  shall  provide  for  or  authorize  or  permit  the 
payment  of  more  than  seventy-five  per  cent  of  the  contract 
price  before  the  completion  of  the  work  done  under  said 
contract  and  the  acceptance  thereof  by  the  proper  officer, 
department  or  board. 


54 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Public  work  to  be  done  by  contract. 

Sec.  67.  In  the  erection,  improvement  and  repair  of  all 
public  buildings  and  works,  in  all  street  and  sewer  work, 
and  in  all  work  in  or  about  streams,  bays  or  water  front, 
or  in  or  about  embankments  or  other  works  for  protection 
against  overflow  and  erosion,  and  in  furnishing  any  sup- 
plies and  materials  for  the  same,  or  for  any  other  use  by 
the  City,  when  the  expenditure  required  for  the  same 
exceeds  the  sum  of  five  hundred  dollars,  the  same  shall  be 
done  by  contract,  and  shall  be  let  to  the  lowest  responsible 
bidder,  after  advertising  for  sealed  proposals  for  the  work 
contemplated  for  five  consecutive  days  in  the  official  news- 
paper. Such  notice  shall  distinctly  and  specifically  state 
the  work  contemplated  to  be  done.  Provided,  however,  the 
Council  may  reject  any  and  all  bids,  if  deemed  excessive, 
and  readvertise  for  bids,  or  provide  for  the  work  to  be  done 
by  the  Department  of  Public  Works.  In  case  no  bid  is 
received,  the  Council  may  likewise  provide  for  the  work  to 
be  done  by  the  Department  of  Public  Works. 

Contracts  for  official  advertising. 

Sec.  68.  The  Council  shall  let  annually  contracts  for  the  . 
official  advertising  for  the  ensuing  fiscal  year.  For  this 
purpose  the  Council  shall  advertise  for  five  consecutive 
days,  setting  forth  distinctly  and  specifically  the  work  con- 
templated to  be  done,  and  asking  for  sealed  proposals  there- 
for. The  proposals  shall  specify  the  type  and  spacing  to 
be  used  at  the  rate  or  rates  named  in  the  bids.  The  Council 
shall  let  the  contracts  for  such  official  advertising  to  the 
lowest  responsible  bidder  publishing  a daily  newspaper  in 
the  city  which  is  a newspaper  of  general  circulation  and 
has  been  in  existence  at  the  time  of  the  awarding  of  the 
contract  at  least  one  year;  provided,  that  the  Council  may 
reject  any  or  all  bids  if  found  excessive,  and  advertise  for 
new  bids. 

The  newspaper  to  which  the  award  of  such  advertising 
is  made  shall  be  known  and  designated  as  the  “official  news- 
paper.” 


CHARTER  OF  THE  CITY  OF  BERKELEY 


55 


Contracts  for  lighting. 

Sec.  69.  No  contract  for  lighting  streets,  public  build- 
ings, places  or  offices  shall  be  made  for  a longer  period  than 
one  year,  nor  shall  any  contract  to  pay  for  electric  light 
or  any  illumination  material  at  a higher  rate  than  the  mini- 
mum price  charged  to  any  other  consumer  be  valid. 

Contracts  for  water. 

Sec.  70.  No  contract  for  supplying  water  for  the  use  of 
the  municipality  in  any  of  its  departments  shall  be  valid 
wherein  the  rates  exceed  those  charged  to  other  consumers. 

Hours  of  labor. 

Sec.  71.  The  maximum  time  of  labor  or  service  required 
of  any  laborer,  workman  or  mechanic  employed  upon  any 
municipal  work,  whether  so  employed  directly  by  the  City 
and  its  officers,  or  by  a contractor  or  sub-contractor,  shall 
be  eight  hours  during  any  one  calendar  day. 

Collusion  with  bidder. 

Sec.  72.  Any  officer  of  the  City,  or  of  any  department 
thereof,  who  shall  aid  or  assist  a bidder  in  securing  a con- 
tract to  furnish  labor,  material  or  supplies  at  a higher  price 
than  that  proposed  by  any  other  bidder,  or  who  shall  favor 
one  bidder  over  another  by  giving  or  withholding*  informa- 
tion or  who  shall  wilfully  mislead  any  bidder  in  regard  to 
the  character  of  the  material  or  supplies  called  for,  or  who 
shall  knowingly  accept  materials  or  supplies  of  a quality 
inferior  to  those  called  for  by  the  contract,  or  who  shall 
knowingly  certify  to  a greater  amount  of  labor  performed 
than  has  been  actually  performed,  or  to  the  receipt  of  a 
greater  amount  or  different  kind  of  material  or  supplies 
than  has  been  actually  received,  shall  be  deemed  guilty  of 
a malfeasance  and  shall  be  removed  from  office. 

Collusion  by  bidder. 

Sec.  73.  If  at  any  time  it  shall  be  found  that  the  person 
to  whom  a contract  has  been  awarded,  has,  in  presenting 
any  bid  or  bids,  colluded  with  any  other  party  or  parties 
for  the  purpose  of  preventing  any  other  bid  being  made, 
then  the  contract  so  awarded  shall  be  null  and  void,  and 


56  CHARTER  OF  THE  CITY  OF  BERKELEY 

the  Council  shall  advertise  for  a new  contract  for  said 
work  or  provide  for  such  public  work  to  be  done  by  the 
Department  of  Public  Works. 

ARTICLE  XII. 

FRANCHISES 

Property  rights  of  the  City  inalienable. 

Sec.  74.  The  rights  of  the  City  in  and  to  its  water 
front,  wharf  property,  land  under  water,  public  landings, 
wharves,  docks,  streets,  highways,  parks  and  all  other 
public  places,  except  as  otherwise  provided  in  this  Charter, 
are  hereby  declared  inalienable. 

No  use  of  streets  without  a franchise. 

Sec.  75.  No  person,  firm  or  corporation  shall  ever  exer- 
cise any  franchise  or  privilege  mentioned  in  this  article 
except  in  so  far  as  he  or  it  may  be  entitled  to  do  so  by 
direct  authority  of  the  Constitution  of  California  or  of  the 
Constitution  or  laws  of  the  United  States,  in,  upon,  over, 
under  and  along  any  street,  highway  or  other  public  place 
in  the  city  unless  he  or  it  shall  have  obtained  a grant 
therefor  in  accordance  with  the  provisions  of  this  article 
of  this  Charter. 

Franchises  to  use  streets. 

Sec.  76.  Every  franchise  or  privilege  to  construct  or 
operate  street,  suburban,  or  interurban  railroads  along, 
upon,  over  or  under  any  street,  highway,  or  other  public 
place  or  to  lay  pipes  or  conduits  or  to  erect  poles  or  wires 
or  other  structures  in,  upon,  over,  under  or  along  any 
street,  highway  or  other  public  place  in  the  City  for  the 
transmission  of  gas  or  electricity,  or  for  any  purpose  what- 
ever, shall  be  granted  upon  the  conditions  in  this  article 
provided,  and  not  otherwise. 

Applications  for  franchises. 

Sec.  77.  (1)  An  applicant  for  a franchise  or  privilege 

shall  file  with  the  Council  an  application  therefor,  and 
thereupon  the  Council  shall,  if  it  propose  to  grant  the 
same,  advertise  the  facts  of  said  application,  together  with 


CHARTER  OF  THE  CITY  OF  BERKELEY 


57 


a statement  that  it  is  proposed  to  grant  the  same,  in  the 
official  newspaper  of  the  City.  The  publication  of  such 
advertisement  must  run  for  ten  successive  days  and  must 
be  completed  not  less  than  twenty  days  and  not  more  than 
thirty  days  before  any  further  action  can  be  taken  on  such 
application. 

Conditions  of  grant. 

(2)  The  advertisement  must  state  the  character  of  the 
franchise,  permit  or  privilege  it  is  proposed  to  grant,  and, 
if  it  be  a street  or  suburban  or  interurban  railroad,  the 
route  to  be  traversed;  that  sealed  bids  therefor  will  be 
opened  at  a stated  time  and  place,  and  that  the  franchise, 
permit  or  privilege  will  be  awarded  to  the  bidder  offering 
to  pay  to  the  City  during  the  life  of  the  franchise,  permit 
or  privilege,  the  highest  percentage  of  the  net  annual  reve- 
nue received  from  the  use,  operation  or  possession  of  the 
franchise,  permit  or  privilege,  provided  that  such  net 
annual  revenue  shall  be  determined  by  deducting  from  the 
gross  annual  revenue  collected  from  any  and  all  sources, 
under  and  by  virtue  of  such  franchise,  permit  or  privilege, 
all  operating  and  maintenance  costs,  taxes,  insurance, 
depreciation  as  fixed  by  the  Board  of  Control  and  six  (6) 
per  cent  interest  on  the  valuation  of  the  property  of  the 
grantee  used  and  useful  or  determined  in  the  franchise 
ordinance  to  be  of  prospective  usefulness  in  the  public 
service.  Such  valuation  to  be  fixed  by  the  Railroad  Com- 
mission of  the  State  of  California  or  its  successors  in 
interest,  and  determined  as  provided  in  Section  eighty-two 
(82)  of  this  Charter;  and  provided  further  that  the  said 
percentage  of  the  net  annual  revenue  to  be  paid  to  the 
City  shall  not  be  less  than  fifty-five  (55)  per  cent;  and 
provided  further  that  the  Council  shall  have  the  right  to 
reject  any  and  all  bids. 

(3)  At  the  time  of  opening  the  sealed  bids,  any  respon- 
sible person,  firm  or  corporation  may  bid  for  such  fran- 
chise, permit  or  privilege  not  less  than  one-half  (}£)  of 
one  (1)  per  cent  of  the  net  annual  revenue  for  the  entire 
term  of  the  franchise,  permit  or  privilege  above  the  high- 


58  CHARTER  OF  THE  CITY  OF  BERKELEY 

est  sealed  bid  therefor,  and  such  bids  so  made  may  be 
raised  not  less  than  one-half  ( y2 ) of  one  (1)  per  cent  of 
said  net  annual  revenue  for  such  entire  term,  by  any  other 
responsible  bidder,  and  such  bidding  may  continue  until 
finally  such  franchise,  permit  or  privilege  shall  be  struck 
off,  sold  and  awarded  by  the  Council  to  the  person,  firm  or 
corporation  offering  the  highest  percentage  of  the  said  net 
annual  revenue  arising  from  the  use,  operation  or  possess- 
sion  of  said  franchise,  permit  or  privilege  subject  to  the 
provisions  of  Subdivision  2 of  this  Section;  provided,  that 
if  in  the  judgment  of  the  Council  no  adequate  or  respon- 
sible bid  has  been  made,  the  Council  may  withdraw  such 
franchise,  permit  or  privilege  from  sale  or  advertise  for 
new  bids. 

If  the  franchise,  permit  or  privelege  is  for  a street  or 
suburban  or  interurban  railroad,  which  shall  extend  be- 
yond the  limits  of  the  City  of  Berkeley,  then  and  in  that 
case  the  percentage  of  the  net  annual  revenue  above  speci- 
fied shall  be  computed  or  reckoned  as  follows : The  total 
length  of  the  said  railroad  within  and  without  the  City, 
shall  be  compared  with  the  length  of  said  railroad  within 
the  City,  for  which  a franchise,  permit  or  privilege  is  bid, 
and  such  fraction  of  the  net  revenue  for  the  whole  of  the 
said  railroad,  within  and  without  the  City,  as  the  portion 
of  such  railroad  within  the  City  is  of  the  said  whole  rail- 
road shall  be  deemed  and  considered  the  net  annual  reve- 
nue upon  which  the  above  percentage  to  be  paid  into  the 
City  Treasury  shall  be  reckoned.  No  street  or  suburban 
or  interurban  or  commercial  railroad  shall,  without  per- 
mission from  the  City  of  Berkeley  granted  by  ordinance  so 
to  do,  use  the  tracks  of  any  other  street  or  suburban  or 
interurban  or  commercial  railroad  within  the  City  of 
Berkeley. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Deposit  as  guarantee  of  good  faith. 

(4)  Every  application  and  bid  for  franchise  under  this 
article  shall  be  accompanied  by  a cash  deposit  of  two 
thousand  dollars  or  a certified  check  therefor,  as  a guar- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


59 


antee  of  the  good  faith  of  the  applicant  or  bidder,  and  as 
a fund  out  of  which  to  pay  all  expenses  connected  with 
such  application  and  the  granting  of  such  franchise. 

Upon  the  franchise  being  awarded,  all  deposits  made  by 
unsuccessful  bidders  shall  be  returned.  The  deposit  of  the 
successful  bidder  shall  be  retained  until  the  filing  and 
approval  of  the  surety  bond  hereinafter  provided  for, 
whereupon  the  remainder  of  such  deposit,  after  the  pay- 
ment therefrom  of  all  expenses  incurred  by  the  City  in 
connection  with  the  advertising  and  awarding  of  such 
franchise,  shall  be  returned. 

Free  competition  in  bidding. 

(5)  No  clause  or  condition  of  any  kind  shall  be  inserted 
in  any  franchise  or  grant  offered  or  sold  under  the  terms 
of  this  article  which  shall  directly  or  indirectly  restrict 
free  and  open  competition  in  biding  therefor,  and  no 
clause  or  provision  shall  be  inserted  in  any  franchise 
offered  for  sale  which  shall  in  any  wise  favor  one  per- 
son, firm  or  corporation  as  against  another  in  bidding  for 
the  purchase  thereof. 

Bond. 

(6)  The  successful  bidder  for  any  franchise  or  privilege 
awarded  under  this  article  shall  file  a bond  running  to  the 
City  to  be  approved  by  the  Council,  in  the  penal  sum  by  it 
to  be  prescribed  and  set  forth  in  the  advertisement  for 
bids,  conditioned  that  such  bidder  shall  well  and  truly 
observe  and  faithfully  perform  each  and  every  term  and 
condition  of  such  franchise,  and  that  in  case  of  any  breach 
of  conditions  of  such  bond,  the  whole  amount  of  the  penal 
sum  therein  named  shall  be  taken  and  deemed  to  be  liqui- 
dated damages  and  shall  be  recoverable  from  the  principal 
and  surety  upon  such  bond. 

Such  bond  shall  be  filed  with  the  Council  within  five 
days  after  such  franchise  is  awarded,  and  within  thirty 
days  after  the  filing  and  approval  of  such  bond  such  fran- 
chise shall  by  the  Council  be  granted  by  ordinance  to  the 
person,  firm  or  corporation  to  whom  it  shall  have  been 
struck  off,  sold,,  or  awarded,  and  in  case  such  bond  shall 


60 


CHARTER  OF  THE  CITY  OF  BERKELEY 


not  be  so  filed,  the  award  of  such  franchise  shall  be  set 
aside  and  any  money  deposited  in  connection  with  the 
awarding  of  the  franchise  shall  be  forfeited  and  the  fran- 
chise shall,  in  the  discretion  of  the  Council,  be  readver- 
tised and  again  offered  for  sale  in  the  same  manner  and 
under  the  same  restrictions  as  hereinbefore  provided. 

Re-settlement  franchises. 

Sec.  77y2.  The  Council  is  hereby  empowered  to  provide 
for  a general  re-settlement  of  the  franchise  rights  of  and 
to  grant  a re-settlement  franchise  to  any  person,  firm  or 
corporation  actually  engaged  in  operating  a public  utility, 
or  utilities  in  the  City  of  Berkeley  at  the  time  this  amend- 
ment becomes  effective,  upon  written  application  therefor 
and  upon  the  following  terms  and  conditions,  and  not 
otherwise : 

Advisory  Board. 

(1)  Whenever  such  written  application,  as  above  pro- 
vided for,  shall  have  been  made,  the  Mayor  thereupon 
shall  appoint  an  Advisory  Board  to  consist  of  seven  (7) 
citizens,  who  shall  co-operate  with  the  Council  in  prepar- 
ing such  re-settlement  franchise ; and  said  written  appli- 
cation for  a re-settlement  franchise  shall  thereupon  be 
referred  to  said  Advisory  Board,  which  shall  make  within 
a reasonable  time  a written  report  thereon  to  the  Council; 
and  without  such  report  said  Council  shall  have  no  power 
to  pass  such  re-settlement  franchise.  The  said  citizens 
shall  serve  without  pay,  but  all  reasonable  expense  in- 
curred by  them  in  the  work  of  preparing  said  re-settlement 
franchise  shall  be  paid  by  the  City  upon  the  presentation 
of  a proper  bill,  in  the  same  manner  as  any  other  proper 
claim  against  the  City. 

Time  period  of  franchise. 

(2)  Every  such  re-settlement  franchise,  permit  or  priv- 
ilege shall  be  granted  for  an  indeterminate  period  subject 
always  to  the  right  of  the  City  to  acquire  and  possess  the 
property  of  the  grantee  or  to  assign  its  rights  to  purchase 
and  possess  to  a third  person,  firm  or  corporation,  as 
herein  provided. 


CHARTER  OF  THE  CITY  OF  BERKELEY  61 

Division  of  annual  net  revenue. 

(3)  Every  such  re-settlement  franchise,  permit  or  priv- 
ilege shall  confer  upon  the  grantee  thereof  the  right  to 
occupy  the  streets  and  public  places  of  the  City  particu- 
larly set  out  in  the  terms  and  conditions  of  said  franchise, 
permit  or  privilege,  subject  always  to  the  right  of  the  City 
to  acquire  and  possess  the  property  of  said  grantee,  or  to 
assign  its  right  to  purchase  and  possess  to  a third  person, 
firm  or  corporation,  as  provided  in  this  Article ; provided, 
however,  that  said  grantee  shall  pay  the  City  such  a per- 
centage of  the  net  revenue  annually  collected  from  any 
and  all  sources  under  and  by  virtue  of  such  franchise,  per- 
mit or  privilege,  which  percentage  shall  not  be  less  than 
fifty-five  (55)  per  cent  of  such  annual  net  revenue,  and 
provided  further,  that  such  annual  net  revenue  shall  be 
determined  by  deducting  from  the  annual  gross  revenue 
all  operating  and  maintenance  costs,  taxes,  insurance, 
depreciation  as  fixed  by  the  Board  of  Control  and  six  (6) 
per  cent  interest  on  the  valuation  of  the  property  used 
and  useful  or  determined  in  the  franchise  ordinance  to  be 
of  prospective  usefulness  in  the  public  service.  Such  val- 
uation to  be  fixed  by  the  Railroad  Commission  of  the  State 
of  California,  or  its  successors  in  interest,  and  determined 
as  provided  in  Section  Eighty-two  (82)  of  this  Charter. 

Passage  and  approval  of  franchise. 

(4)  Every  such  re-settlement  franchise  shall  be  intro- 
duced in  the  Council  in  the  form  of  an  ordinance,  at  least 
ten  days  prior  to  being  passed  to  print,  and  shall  remain 
before  the  Council  at  least  twenty  (20)  days  after  printing 
before  final  passage.  After  the  final  passage  of  said  ordi- 
nance the  same  shall  be  referred  and  submitted  to  the  vote 
of  the  electors  of  the  City  at  the  general  or  special  elec- 
tion next  ensuing  not  less  than  twenty  (20)  days  after  the 
final  passage  of  such  ordinance.  But  if  no  general  or  spe- 
cial election  is  to  be  held  in  the  City  within  a period  of 
not  less  than  twenty  (20)  days  and  not  more  than  ninety 
(90)  days  after  such  final  passage,  the  Council  shall  call  a 
Special  Election  for  the  purpose  of  submitting  said  ordi- 


62 


CHARTER  OF  THE  CITY  OF  BERKELEY 


nance  to  the  electors  as  aforesaid,  said  Special  Election  to 
be  held  not  less  than  thirty  (30)  days  and  not  more  than 
sixty  (60)  days  after  such  final  passage. 

No  such  re-settlement  franchise  ordinance  shall  go  into 
effect  until  it  shall  have  been  so  submitted  to  the  electors 
of  the  City  and  received  the  approval  of  a majority  of  the 
electors  voting  thereon.  Section  6;  Subdivision  5 of  Sec- 
tion 92;  Subdivisions  13,  14,  15,  20  and  26  of  Section  5 of 
this  Charter,  so  far  as  applicable,  shall  govern  elections 
held  under  the  provisions  of  this  section. 

Public  Hearings  by  Council. 

(5)  The  Council  shall  hold  public  hearings  on  every 
proposed  re-settlement  franchise  prior  to  its  final  passage, 
and  not  later  than  seven  days  after  such  final  passage 
shall  cause  such  re-settlement  franchise  to  be  printed  in 
convenient  pamphlet  form  for  public  distribution  and  shall 
publish  daily  thereafter  up  to  the  date  of  such  election  in 
the  official  newspaper  of  the  City  a notice  to  the  effect 
that  any  person  may  procure  a copy  of  such  re-settlement 
franchise  upon  application  therefor  made  in  person  or  by 
mail  to  the  City  Clerk,  provided  that  all  costs  of  printing, 
publishing  and  advertising  said  franchise  shall  be  borne 
by  the  grantee  of  said  franchise. 

Additional  powers. 

(6)  In  the  passage  of  a re-settlement  franchise,  the 
Council  shall  have  power  to  impose  terms  and  conditions 
not  inconsistent  with  this  Charter,  in  addition  to  the  terms 
and  conditions  provided  for  herein,  and  shall  have  such 
other  powers  hereunder  as  may  be  found  necessary  to  the 
proper  preparation,  enactment,  and  the  carrying  out  of  the 
terms  of  a re-settlement  franchise  that  provide,  first,  serv- 
ice of  the  highest  efficiency  to  the  public,  second,  sufficient 
new  money  to  make  extensions  in  the  service  of  the  public 
utility  necessary  in  the  proper  development  of  the  City, 
and  third,  the  right  of  the  City  to  convey  to  a third  per- 
son, firm  or  corporation  the  City’s  privileges  of  purchas- 
ing the  property  of  the  grantee  upon  like  terms  and 
conditions  as  the  City  may  so  purchase. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


63 


Amendments  to  re-settlement  franchises. 

(7)  Any  re-settlement  franchise  may  be  amended  from 
time  to  time  by  ordinance  passed  by  the  Council  and  rati- 
fied by  the  electors  of  the  City  in  the  manner  herein  pre- 
scribed for  the  passage  of  such  re-settlement  franchise  in 
the  first  instance  and  not  otherwise,  provided  that  any 
such  amendment  shall  not  be  effective  unless  accepted  in 
writing  by  the  grantee  of  such  re-settlement  franchise,  and 
provided  further  that  the  Council  in  the  preparation  of 
such  amendment  may  in  its  discretion  act  without  the 
appointment  of  an  advisory  board,  and  that  no  such 
amendment  shall  in  any  respect  contravene  the  provisions 
of  this  Section  of  this  Charter. 

Joint  Control. 

(8)  Every  re-settlement  franchise  shall  provide  for  a 
Board  of  Control  to  consist  of  two  competent  and  experi- 
enced men,  one  to  be  selected  by  the  Council  and  one  by 
the  grantee  of  said  franchise,  all  disagreements  between 
the  two  to  be  decided  by  an  arbiter  appointed  for  that 
purpose  in  a manner  to  be  determined  in  such  franchise. 

Service. 

(9)  Every  re-settlement  franchise  shall  provide  for 
service  of  the  highest  efficiency,  which  shall  be  maintained 
during  the  life  of  the  franchise. 

New  franchises  and  extensions. 

(10)  Every  re-settlement  franchise  shall  provide  that 
any  new  franchise  granted  to  the  holder  of  such  re-settle- 
ment  franchise  shall  be  considered  as  a part  of  such  re-set- 
tlement  franchise,  and  shall  also  provide  that  the  Council 
may  by  ordinance  grant  to  the  grantee  of  such  re-settlement 
franchise  the  right  to  extend  the  appliances  and  serv- 
ice of  such  grantee.  All  such  extensions  shall  become  a 
part  of  the  aggregate  property  of  such  property  of  such 
grantee,  and  shall  be  subject  to  all  the  obligations  and 
rights  in  favor  of  the  City  applicable  to  the  property  of 
the  grantee  by  virtue  of  such  re-settlement  franchise.  The 
right  to  use  and  maintain  any  such  extension  shall  expire 


64 


CHARTER  OF  THE  CITY  OF  BERKELEY 


with  the  original  grant  of  such  grantee  by  which  the 
extensions  are  made. 

Consolidated  or  annexed  territory. 

(11)  Every  re-settlement  franchise  shall  provide  that 
in  case  of  consolidation  with  or  annexation  to  the  City  of 
any  territory  not  now  included  in  said  City,  any  franchise 
to  operate  such  utility  or  any  part  thereof,  held  or  claimed 
by  the  holder  of  such  re-settlement  franchise  in  or  for  any 
portion  of  such  consolidated  or  annexed  territory  shall 
thereupon  be  surrendered  to  the  City  and  that  the  rights 
and  obligations  of  such  re-settlement  franchise  shall  there- 
upon automatically  extend  to  such  additional  territory, 
and  that  a valuation  of  the  properties  used  and  useful,  or 
in  the  discretion  of  the  City  prospectively  useful  in  the 
operation  of  such  utility  in  the  area  so  consolidated  or 
annexed  and  not  included  in  the  capital  valuation  already 
fixed  in  such  re-settlement  franchise  shall  be  added  to  the 
capital  account  of  said  re-settlement  franchise  grantee  at 
a valuation  fixed  by  the  Railroad  Commission  of  the  State 
of  California,  or  its  successors  in  interest,  and  otherwise 
determined  as  provided  in  Section  Eighty-two  (82)  of  this 
Charter. 

Provision  for  the  surrender  of  existing  franchises. 

(12)  Every  re-settlement  franchise  shall  provide  for  the 
surrender  by  the  grantee  thereof  of  any  or  all  of  the  fran- 
chises or  rights  owned  or  claimed  by  such  grantee  for  the 
occupation  of  the  streets  or  public  places  of  said  City  at 
the  time  of  such  re-settlement,  and  the  acceptance  in  lieu 
thereof  of  the  rights  and  privileges  granted  by  such  re-set- 
tlement franchise  as  a franchise  for  the  continued  opera- 
tion of  such  utility  within  the  limits  of  the  City  or  such 
portion  thereof  as  had  heretofore  been  operated  under  the 
franchise  or  franchises  so  surrendered,  but  not  in  contra- 
vention of  any  conditions  of  this  Charter. 

Assumption  of  bonded  indebtedness. 

(13)  Every  re-settlement  franchise  may  provide  that, 
when  purchasing  the  property  of  the  grantee,  the  City,  if 
and  when  permitted  by  the  provisions  of  the  Constitution 


CHARTER  OF  THE  CITY  OF  BERKELEY 


65 


of  the  State  of  California,  may  assume  the  obligations  of 
such  grantee  for  the  payment  of  the  bonds  then  outstand- 
ing against  said  property,  not  exceeding  in  aggregate  par 
value  the  valuation  of  the  property  thus  purchased,  deter- 
mined as  in  Section  Eighty-two  (82)  of  this  Charter  pro- 
vided, and  in  such  case  the  par  value  of  such  bonds  shall 
be  deducted  from  the  said  valuation  of  the  property  and 
the  excess,  if  any,  of  the  valuation  of  the  property  over 
the  par  value  of  the  bonds  so  assumed  shall  be  the  pur- 
chase price  to  be  paid  to  the  grantee  by  the  City  for  said 
property.  After  such  purchase,  the  bonds  so  assumed 
shall  no  longer  be  a lien  exclusively  upon  the  franchise  or 
property  of  the  utility  as  such,  but  may  be  secured  by  the 
general  credit  of  the  City  or  by  a lien  upon  a fixed  per- 
centage or  amount  of  the  gross  earnings  of  such  utility, 
or  otherwise,  as  may  be  provided  in  such  re-settlement 
franchise. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Life  of  franchise. 

Sec.  78.  Every  franchise,  permit  or  privilege  shall  be 
granted  for  an  indeterminate  period,  subject  always  to  the 
right  of  the  City  to  acquire  and  possess  the  property  of 
the  grantee  and  to  assign  its  right  to  acquire  and  possess 
to  a third  person,  firm  or  corporation  as  in  Section  Eighty- 
two  (82)  hereof  provided. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Beginning  and  completion  of  work. 

Sec.  79.  Work  under  any  franchise  granted  in  accord- 
ance with  the  terms  of  this  article  shall  be  commenced  in 
good  faith  within  not  more  than  four  months  from  the 
date  of  the  final  passage  of  the  ordinance  granting  such 
franchise  and  if  not  so  commenced  within  said  time,  said 
franchise  shall  be  forfeited.  Work  under  any  franchise  so 
granted  shall  be  completed  within  the  time  fixed  for  such 
completion  in  the  ordinance  granting  such  franchise,  which 
time  shall  not  be  more  than  three  years  from  the  date  of 
the  final  passage  of  the  ordinance  granting  said  franchise, 
and  if  not  so  completed  within  said  time,  said  franchise 


66 


CHARTER  OF  THE  CITY  QF  BERKELEY 


shall  be  forfeited ; provided,  that  if  good  cause  be  shown, 
the  Council  may  by  resolution  extend  the  time  for  comple- 
tion thereof  not  exceeding  three  months. 

Service  and  accommodation. 

Sec.  80.  The  grant  of  every  franchise  or  privilege  shall 
be  subject  to  the  right  of  the  City,  whether  reserved  or 
not,  to  make  all  regulations  which  shall  be  necessary  to 
secure  in  the  most  ample  manner  the  safety,  welfare  and 
accommodations  of  the  public,  including  among  other 
things  the  right  to  pass  and  enforce  ordinances  to  protect 
the  public  from  danger  or  inconvenience  in  the  operation 
of  any  work  or  business  authorized  by  the  grant  of  the 
franchise  and  the  right  to  make  and  enforce  all  of  such 
regulations  as  shall  be  reasonably  necessary  to  secure  ade- 
quate, sufficient  and  proper  service  and  accommodations 
for  the  people  and  insure  their  comfort  and  convenience. 

Rates  and  charges. 

Sec.  81.  The  grant  of  every  franchise  or  privilege  shall 
be  subject  to  the  right  of  the  City,  whether  reserved  or 
not,  to  prescribe  and  regulate  the  rates,  fares,  rentals  or 
charges  made  for  the  service  rendered  under  such  fran- 
chise. The  grant  of  every  franchise  for  a street,  suburban 
or  interurban  railroad  shall  provide  that  all  United  States 
mail  carriers  and  all  officials,  policemen  and  firemen  of  the 
City  shall  at  all  times,  while  in  the  actual  discharge  of 
their  duties,  be  allowed  to  ride  on  the  cars  of  such  rail- 
road within  the  boundaries  of  the  City,  without  paying 
therefor  and  with  all  the  rights  of  other  passengers. 

Right  of  City  to  assume  ownership. 

Sec.  82.  Every  new  franchise,  permit  or  privilege  and 
every  re-settlement  franchise,  shall  be  granted  upon  the 
express  condition  that  the  City  may,  at  a valuation  fixed 
and  determined,  as  hereinafter  provided,  either  assume 
ownership  by  purchase  and  take  over  to  itself  the  prop- 
erty used  and  useful  or  in  the  discretion  of  the  City 
prospectively  useful  of  the  franchise  grantee,  his  or  its 
successors  or  assigns,  or  assign  its  right  to  acquire  and 
possess  said  property  to  a third  person,  firm  or  corpora- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


67 


tion  upon  giving  said  grantee  six  months’  written  notice 
of  its  intention  to  so  purchase  and  take  over  said  prop- 
erty, which  written  notice  shall  be  given  only  when 
authorized  by  ordinance.  The  valuation  of  such  property, 
used  and  useful,  or  in  the  discretion  of  the  City  prospec- 
tively useful  and  owned  by  the  grantee  at  the  time  appli- 
cation is  made  for  said  new  franchise,  permit  or  privilege, 
or  for  said  re-settlement  franchise,  shall  be  fixed  by  the 
Railroad  Commission  of  the  State  of  California,  or  its  suc- 
cessor in  interest,  and  shall  be  set  forth  in  said  new  fran- 
chise, permit  or  privilege,  or  in  said  re-settlement  franchise, 
as  the  case  may  be.  To  this  value  shall  be  added  the  cost 
of  all  additions,  extensions  and  betterments  made  with  the 
approval  of  the  Board  of  Control;  and  from  this  value 
shall  be  deducted  the  value  of  property  sold  or  abandoned 
and  the  depreciation  to  be  determined  and  fixed  by  the 
Board  of  Control  in  accordance  with  the  provisions  of  the 
franchise  and  annually  charged  to  the  capital  value  of  said 
property;  and  the  valuation  to  which  said  additions  have 
been  made  and  from  which  such  deductions  have  been 
made  shall  be  the  valuation  upon  which  the  six  per  cent 
interest  referred  to  in  subdivision  three  (3)  of  section  sev- 
enty-seven and  one-half  (77j4),  and  in  subdivision  two  (2) 
of  section  seventy-seven  (77)  shall  be  computed,  and  shall 
be  the  valuation  at  which  said  property  may  be  acquired 
by  the  City,  or  by  the  third  person,  firm  or  corporation  to 
which  such  right  is  assigned  by  the  City. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

No  conveyance  necessary  for  City’s  ownership. 

Sec.  83.  Every  ordinance  granting  any  franchise  shall 
further  provide  that  upon  the  payment  by  the  City  of  a 
fair  valuation  in  the  manner  provided  in  the  ordinance,  the 
plant  and  property  of  the  grantee  shall  become  the  prop- 
erty of  the  City  by  virtue  of  the  grant  in  payment  there- 
under, and  without  the  execution  of  any  instrument  or 
conveyance.  Or  in  case  it  is  provided  in  the  ordinance 
granting  any  franchise  that  the  property  and  plant  of  the 
grantee  shall,  at  the  expiration  of  the  period  for  which  it 


68 


CHARTER  OF  THE  CITY  OF  BERKELEY 


was  granted,  become  the  property  of  the  City  without  any 
compensation  to  the  grantee,  the  property  and  plant  of 
the  grantee  shall  then  become  the  property  of  the  City  by 
virtue  of  the  grant  and  without  the  execution  of  any 
instrument  or  conveyance. 

Lease  or  assignment  of  franchise. 

Sec.  84.  Any  franchise  granted  by  the  City  shall  not  be 
leased,  assigned  or  otherwise  alienated  without  the  express 
consent  of  the  City,  and  no  dealings  with  a lessee  or 
assignee  on  the  part  of  the  City  to  require  the  perform- 
ance of  any  act  or  payment  of  any  compensation  by  the 
lessee  or  assignee  shall  be  deemed  to  operate  as  such  con- 
sent; provided,  that  nothing  herein  shall  be  construed  to 
prevent  the  grantees  of  such  franchise  from  including  it  in 
a mortgage  or  trust  deed  executed  for  the  purpose  of 
obtaining  money  for  corporate  objects. 

Street  sprinkling,  cleaning  and  paving. 

Sec.  85.  Every  grant  of  any  franchise,  permit  or  priv- 
ilege, in,  over,  under  or  along  any  streets,  highways,  or 
public  places  in  the  City  for  railroad,  street  railway,  sub- 
urban or  interurban  railway  purposes,  shall  be  subject  to 
the  conditions  that  the  persons,  firm  or  corporation  exer- 
cising or  enjoying  the  same  shall  sprinkle,  plank  or  re- 
plank, pave  or  repave,  macadamize  or  re-macadamize  the 
entire  length  of  the  street,  highway,  or  other  public  place 
used  by  the  track  or  tracks  of  such  railroad  or  railway, 
and  between  the  rails,  and  for  two  feet  on  each  side 
thereof,  and  between  the  tracks,  if  there  be  more  than  one, 
and  keep  the  same  constantly  in  repair,  flush  with  the 
street,  and  with  good  crossings ; and  such  street  work  shall 
be  done  with  the  kind  of  materials  and  in  such  manner  as 
the  Council  may  by  ordinance  direct,  at  the  same  time  and 
as  a part  of  the  same  operation  as  the  work  on  the 
remainder  in  width  of  said  street,  highway  or  other  public 
place,  to  the  satisfaction  of  the  Superintendent  of  Streets  ; 
provided,  however,  that  when  in  the  opinion  of  the  Council 
the  space  between  the  rails  and  tracks  of  the  grantee  and 
two  feet  on  each  side  thereof  or  any  portion  of  the  same  is 


CHARTER  OF  THE  CITY  OF  BERKELEY 


69 


not  required  for  purposes  other  than  railway  traffic,  the 
same  need  not  be  paved  in  like  manner  as  the  remainder 
of  the  street  or  public  place,  but  shall  be  treated  as  the 
Council  may  direct. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Examination  of  company’s  books.  Audit. 

Sec.  86.  The  City  of  Berkeley,  by  its  Auditor,  Deputy 
Auditor,  or  accountants  authorized  by  the  Auditor,  or  by 
the  Council  shall  have  the  right  at  all  reasonable  times  to 
examine  all  the  books,  vouchers  and  records  of  any  person, 
firm  or  corporation  exercising  or  enjoying  any  franchise  or 
privilege  granted  by  the  City  for  the  purpose  of  verifying 
any  of  the  statements  of  gross  receipts  provided  for,  and 
for  any  other  purpose  whatsoever  connected  with  the 
duties  or  privileges  of  the  City  or  of  such  person,  firm  or 
corporation  arising  from  this  Charter  or  from  the  ordi- 
nance granting  the  franchise,  and  may  audit  the  same  at 
the  end  of  each  year. 

Annual  reports  of  company. 

Sec.  87.  Every  person,  firm  or  corporation  operating 
any  business  under  a franchise  granted  under  this  article 
shall  file  annually  with  the  City  Auditor  on  such  date  as 
shall  be  fixed  by  the  Council  a report  for  the  preceding 
year. 

Such  report  shall  be  in  writing,  verified  by  the  affidavit 
of  such  person  or  persons,  or  officer  of  the  corporation,  as 
the  Council  shall  direct,  and  shall  contain  a statement,  in 
such  form  and  detail  as  shall  from  time  to  time  be  pre- 
scribed by  the  Council  of  all  the  gross  receipts  arising 
from  all  the  business  done  by  said  person,  firm  or  corpora- 
tion within  the  City  of  Berkeley  for  the  year  immediately 
preceding  such  report.  Such  report  shall  contain  such 
further  statements  as  may  be  required  by  the  Council  con- 
cerning the  character  and  amount  of  business  done  and  the 
amount  of  receipts  and  expenses  connected  therewith,  and 
also  the  amount  expended  for  new  construction,  repairs 
and  betterments  during  such  year. 


70 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Payment  of  gross  receipts. 

Sec.  88.  The  stipulated  percentage  of  net  receipts  pro- 
vided in  this  Charter  to  be  paid  for  the  use  and  enjoyment 
of  any  franchise,  permit  or  privilege  shall  be  paid  annually 
at  the  time  of  filing  the  annual  report  provided  for  in  Sec- 
tion Eighty-seven  (87)  of  this  Charter  to  be  filed  by  per- 
sons, firms  or  corporations  holding  franchises,  permits  or 
privileges.  Failure  to  pay  such  percentage  shall  work  a 
forfeiture  of  the  franchise,  permit  or  privilege. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Forfeiture  of  non-compliance. 

Sec.  89.  Every  ordinance  granting  any  franchise  or 
privilege  shall  provide  for  the  termination  and  forfeiture 
thereof  for  any  breach  or  failure  to  comply  with  any  of  the 
terms,  limitations  or  conditions  thereof,  and  in  all  such 
cases  the  Council  shall  have  power  to  declare  the  termina- 
tion and  forfeiture  of  any  such  franchise  or  privilege,  the 
same  as  though  in  each  instance  such  power  was  expressly 
reserved. 

Reservation  for  belt  lines. 

Sec.  90.  No  exclusive  right  or  privilege  shall  ever  be 
granted  by  the  City  or  Council  in,  to  or  upon  the  bed  of 
the  Bay  of  San  Francisco  beyond  the  line  of  mean  low 
tide;  nor  shall  any  structure  be  erected  thereon  so  as  to 
prevent  the  construction  and  operation  of  belt  lines  of  rail- 
roads along  the  waterfront ; and  any  franchise  or  permit 
for  a railroad  track  in,  over  or  upon  the  bed  of  the  Bay  of 
San  Francisco  shall  be  subject  to  the  right  of  any  other 
railroad  or  railroad  company  to  use  the  same  upon  the 
payment  of  a reasonable  compensation  therefor. 

Franchise  not  in  use  forfeited. 

Sec.  91.  All  franchise  and  privileges  heretofore  granted 
by  the  City  which  are  not  in  actual  use  or  enjoyment  or 
which  the  grantees  thereof  have  not  in  good  faith  com- 
menced to  exercise,  shall  be  declared  forfeited  and  invalid, 
unless  such  grantees  or  their  assigns  shall,  within  six 
months  after  this  Charter  takes  effect,  in  good  faith  com- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


71 


mence  the  exercise  and  enjoyment  of  such  privilege  or 
franchise. 

ARTICLE  XIII. 

THE  INITIATIVE 

Direct  legislation. 

Sec.  92.  (1)  Any  proposed  ordinance  may  be  submitted 
to  the  Council  by  a petition  signed  by  registered  electors 
of  the  City  equal  in  number  to  the  percentage  hereinafter 
required. 

Provisions  of  Section  5 apply. 

(2)  The  provisions  of  Section  5 of  Article  III  respect- 
ing the  forms  and  conditions  of  the  petition  and  the  mode 
of  verification  and  certification  and  filing  shall  be.  substan- 
tially followed,  with  such  modifications  as  the  nature  of 
the  case  requires. 

Fifteen  per  cent  petition. 

(3)  If  the  petition  accompanying  the  proposed  ordi- 
nance be  signed  by  electors  equal  in  number  to  fifteen  per 
centum  of  the  entire  vote  cast  for  all  candidates  for  Mayor 
at  the  last  preceding  general  municipal  election  at  which  a 
Mayor  was  elected,  and  contain  a request  that  said  ordi- 
nance be  submitted  forthwith  to  the  vote  of  the  people  at 
a special  election,  then  the  Council  shall  either : 

(a)  Pass  said  ordinance  without  alteration  within  twenty 
days  after  the  attachment  of  the  Clerk’s  certificate  of  suf- 
ficiency to  the  accompanying  petition  (subject  to  a refer- 
endary vote,  under  the  provisions  of  Article  XIV  of  this 
Charter)  ; or, 

(b)  Within  twenty-five  days  after  the  Clerk  shall  have 
attached  to  the  petition  accompanying  such  ordinance  his 
certificate  of  sufficiency,  the  Council  shall  proceed  to  call  a 
special  election  at  which  said  ordinance  without  alteration 
shall  be  submitted  to  a vote  of  the  people. 

Five  per  cent  petition. 

(4)  If  the  petition  be  signed  by  electors  equal  in  num- 
ber to  at  least  five,  but  less  than  fifteen,  per  centum  of  the 
entire  vote  cast  for  all  candidates  for  Mayor  at  the  last 


72 


CHARTER  OF  THE  CITY  OF  BERKELEY 


preceding  general  municipal  election  at  which  a Mayor 
was  elected,  and  said  ordinance  be  not  passed  by  the 
Council  as  provided  in  the  preceding  subdivision,  then 
such  ordinance,  without  alteration,  shall  be  submitted  by 
the  Council  to  a vote  of  the  people  at  the  next  general 
municipal  election  that  shall  occur  at  any  time  after 
twenty  days  from  the  date  of  the  Clerk’s  certificate  of  suf- 
ficiency attached  to  the  petition  accompanying  such 
ordinance. 

Publication  of  Popular  Ordinance. 

(5)  Whenever  any  ordinance  or  proposition  is  required 
by  this  Charter  to  be  submitted  to  the  voters  of  the  City 
at  any  election  either  (a)  the  Council  shall  cause  the  ordi- 
nance or  proposition  to  be  printed  and  it  shall  be  the  duty 
of  the  Clerk  to  enclose  a printed  copy  thereof  in  an  enve- 
lope with  a sample  ballot  and  mail  the  same  to  each  voter, 
at  least  three  days  prior  to  the  election,  or  (b)  the  Coun- 
cil may  order  such  ordinance  or  proposition  to  be  printed 
in  the  official  newspaper  of  the  City  and  published  in  like 
manner  as  ordinances  adopted  by  the  Council  are  required 
to  be  published  and  may  order  that  such  publication  shall 
take  the  place  of  the  printing  and  mailing  of  the  ordinance 
or  proposition  and  of  the  sample  ballots  as  first  above 
provided. 

Election. 

(6)  The  ballots  used  when  voting  upon  such  proposed 
ordinance  shall  contain  the  words,  “For  the  Ordinance” 
(setting  forth  in  full  the  title  thereof  and  stating  the  gen- 
eral nature  of  the  proposed  ordinance)  and  “Against  the 
Ordinance,”  (setting  forth  in  full  the  title  thereof  and  stat- 
ing the  general  nature  of  the  proposed  ordinance).  If  a 
majority  of  the  qualified  electors  voting  on  said  proposed 
ordinance  shall  vote  in  favor  thereof,  such  ordinance  shall 
thereupon  become  a valid  and  binding  ordinance  of  the 
City. 

Several  ordinances  at  one  election. 

(7)  Any  number  of  proposed  ordinances  may  be  voted 


CHARTER  OF  THE  CITY  OF  BERKELEY 


73 


upon  at  the  same  election,  in  accordance  with  the  pro- 
visions of  this  article. 

Limit  to  special  elections. 

(8)  There  shall  not  be  held  under  this  article  of  the 
Charter  more  than  one  special  election  in  any  period  of  six 
months. 

Repeal  of  popular  ordinance. 

(9)  The  Council  may  submit  a proposition  for  the  re- 
peal of  any  such  ordinance,  or  for  amendments  thereto,  to 
be  voted  upon  at  any  succeeding  general  municipal  elec- 
tion ; and  should  such  proposition,  so  submitted,  receive  a 
majority  of  the  votes  cast  thereon  at  such  election,  such 
ordinance  shall  be  repealed  or  amended  accordingly.  An 
ordinance  proposed  by  petition,  or  adopted  by  a vote  of 
the  people,  cannot  be  repealed  or  amended  except  by  a 
vote  of  the  people. 

Further  regulations. 

(10)  The  Council  may,  by  ordinance,  make  such  fur- 
ther regulations  as  may  be  necessary  to  carry  out  the  pro- 
visions of  this  section,  and  to  adapt  the  provisions  of 
Section  5 of  Article  III  thereto. 

ARTICLE  XIV. 

THE  REFERENDUM 
Mode  of  protesting  against  ordinances. 

Sec.  93.  No  ordinance  passed  by  the  Council  shall  go 
into  effect  before  thirty  days  from  the  time  of  its  final 
passage  except  when  otherwise  required  by  the  general 
laws  of  the  State  or  by  the  provisions  of  this  Charter 
respecting  street  improvements,  and  except  the  ordinance 
making  the  annual  tax  levy,  and  except  an  ordinance  for 
the  immediate  preservation  of  the  public  peace,  health  or 
safety,  which  contains  a statement  of  its  urgency,  and  is 
passed  by  a four-fifths  vote  of  the  Council ; provided,  that 
no  grant  of  any  franchise  shall  be  construed  to  be  an 
urgency  measure,  but  all  franchises  shall  be  subject  to  the 
referendum  vote  herein  provided.  If  during  said  thirty 


74 


CHARTER  OF  THE  CITY  OF  BERKELEY 


days  a petition  signed  by  qualified  electors  of  the  City 
equal  in  number  to  at  least  ten  per  centum  of  the  entire 
vote  cast  for  all  candidates  for  Mayor  at  the  last  preced- 
ing general  municipal  election  at  which  a Mayor  was 
elected,  protesting  against  the  passage  of  such  ordinance, 
be  presented  to  the  Council,  the  same  shall  thereupon  be 
suspended  from  going  into  operation  and  it  shall  be  the 
duty  of  the  Council  to  reconsider  such  ordinance,  and  if 
the  same  be  not  entirely  repealed,  the  Council  shall  submit 
the  ordinance,  as  is  provided  in  Article  XIII  of  this  Char- 
ter, to  the  vote  of  the  electors  of  the  City,  either  at  the 
next  general  municipal  election  or  at  a special  election  to 
be  called  for  that  purpose,  and  such  ordinance  shall  not 
go  into  effect  or  become  operative  unless  a majority  of  the 
qualified  electors  voting  on  the  same  shall  vote  in  favor 
thereof.  The  provisions  of  Section  5 of  Article  III  re- 
specting the  forms  and  conditions  of  the  petition  and  the 
mode  of  verification  and  certification  and  filing  shall  be 
substantially  followed,  with  such  modifications  as  the 
nature  of  the  case  requires. 

Reference  of  measures  to  popular  vote. 

Sec.  94.  Any  ordinance  or  measure  that  the  Council  or 
the  qualified  voters  of  the  City  shall  have  authority  to 
enact,  the  Council  may  of  its  own  motion  submit  to  the 
electors  for  adoption  or  rejection  at  a general  or  special 
municipal  election,  in  the  same  manner  and  with  the  same 
force  and  effect  as  is  provided  in  this  Charter  for  ordi- 
nances or  measures  submitted  on  petition.  At  any  special 
election  called  under  the  provisions  of  this  Charter,  there 
shall  be  no  bar  to  the  submission  of  other  questions  to  a 
vote  of  the  electors  in  addition  to  the  ordinances  or  meas- 
ures herein  provided  for,  if  said  other  questions  are  such 
as  may  legally  be  submitted  at  such  election.  If  the  pro- 
visions of  two  or  more  measures  approved  or  adopted  at 
the  same  election  conflict  then  the  measure  receiving  the 
highest  affirmative  vote  shall  control. 

Further  regulations. 

Sec.  95.  The  Council  may,  by  ordinance,  make  such 


CHARTER  OF  THE  CITY  OF  BERKELEY  75 

further  regulations  as  may  be  necessary  to  carry  out  the 
provisions  of  this  article,  and  to  adapt  the  provisions  of 
Section  5 of  Article  III  thereto. 

ARTICLE  XV. 

THE  PUBLIC  SCHOOLS 

The  Board  of  Education. 

Sec.  96.  The  Board  of  Education  shall  have  entire  con- 
trol and  management  of  the  public  schools  in  the  City  in 
accordance  with  the  Constitution  and  general  laws  of  the 
State,  and  is  hereby  vested  with  all  the  powers  and  charged 
with  all  the  duties  provided  by  this  Charter  and  by  the 
general  laws  of  the  State  for  City  Boards  of  Education. 

President  of  the  Board. 

Sec.  97.  The  Board  of  Education  shall  annually  elect 
one  of  its  own  members  to  be  President  of  the  Board.  He 
may  be  removed  by  the  affirmative  vote  of  four  members. 
The  President  shall  have  no  other  vote  than  his  vote  as 
member  of  the  Board. 

Meetings. 

Sec.  98.  The  Board  of  Education  shall  meet  at  such 
times  as  may  be  designated  by  resolution  of  said  Board 
and  in  the  place  provided  therefor  by  the  Council.  The 
Board  shall  provide  the  manner  in  which  special  meetings 
shall  be  called. 

Quorum. 

Sec.  99.  Three  members  of  the  Board  shall  constitute  a 
quorum,  and  the  affirmative  votes  of  three  members  shall 
be  necessary  to  pass  any  measure,  but  a less  number  than 
three  may  adjourn  from  day  to  day  and  compel  the  attend- 
ance of  absent  members  in  such  manner  as  the  Board  may 
prescribe. 

Rules  of  proceedings. 

Sec.  100.  The  Board  of  Education  may  determine  the 
rules  of  its  proceedings. 


76 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Meetings  to  be  public. 

Sec.  101.  All  meetings  of  the  Board  of  Education  shall 
be  public. 

Superintendent  of  Schools. 

Sec.  102.  The  Board  of  Education  shall  appoint  a Super- 
intendent of  Schools  and  fix  his  compensation. 

Powers  and  duties  of  the  Superintendent. 

Sec.  103.  The  Superintendent  of  Schools  shall  be  the 
executive  officer  of  the  Board  of  Education  and  he  shall 
give  his  full  time  to  the  duties  of  his  office.  He  shall  be 
subject  only  to  the  Board  of  Education  and  all  orders  of 
the  Board  relating  to  the  direction  of  the  principals,  teach- 
ers, and  janitors  shall  be  given  through  him.  He  must 
examine  all  plans  for  the  construction  or  reconstruction  of 
school  buildings  and  report  in  writing  to  the  Board  any 
objections  he  may  find  thereto.  He  shall  have  supervision 
of  the  course  of  instruction  and  of  the  discipline  and  con- 
duct of  the  schools.  He,  or  a Deputy  Superintendent,  may 
be  required  to  act  as  Secretary  of  the  Board  of  Education. 

Powers  of  Superintendent  with  reference  to  teachers. 

Sec.  104.  The  Superintendent  of  Schools  shall  nominate 
and  recommend  all  teachers  and  principals  for  election  by 
the  Board  of  Education.  He  shall  assign  all  teachers  and 
principals  and  make  all  transfers  necessary  to  the  success- 
ful operation  of  the  schools. 

Election  of  teachers. 

Sec.  105.  The  Board  of  Education  shall  elect  all  teach- 
ers, but  only  from  a list  of  candidates  nominated  and  rec- 
ommended by  the  Superintendent  of  Schools.  The  Board 
of  Education  may  make  rules  in  accordance  with  which 
the  Superintendent  must  make  such  nominations  and 
recommendations. 

Tenure  of  teachers. 

Sec.  106.  For  the  first  two  years  of  their  service  in  the 
School  Department  of  the  City,  teachers  shall  be  subject 
to  annual  election.  After  two  years’  service  they  shall  be 
elected  for  a term  of  three  years. 


CHARTER  OF  THE  CITY  OF  BERKELEY  77 

School  warrants. 

Sec.  107.  Every  claim  payable  out  of  the  School  Fund 
shall  be  filed  with  the  Secretary  of  the  Board  of  Educa- 
tion, and  after  it  shall  have  been  approved  by  the  Board 
a certificate  of  such  approval  shall  be  endorsed  thereon,, 
signed  by  the  President  and  Secretary,  and  a warrant  upon 
the  School  Fund  shall  be  issued  thereon  for  the  payment 
of  such  claim.  Said  warrant  shall  be  signed  by  the  Presi- 
dent and  countersigned  by  the  Secretary  and  shall  specify 
the  purpose  for  which  it  is  drawn  and  receive  the  approval 
of  the  Auditor  as  provided  in  Section  61. 

Annual  estimate  of  expenses. 

Sec.  108.  The  Board  of  Education  shall  annually,  on 
such  date  as  shall  be  fixed  by  the  Council,  submit  in  writ- 
ing to  the  Council  a careful  estimate  of  the  whole  amount 
of  money  to  be  received  from  the  State  and  County  for  the 
support  of  the  public  schools  in  the  City,  together  with  a 
careful  estimate  of  the  amounts,  specifying  in  detail  the 
objects  thereof,  required  from  the  City  for  the  adequate 
support  of  the  public  schools  for  the  ensuing  year.  The 
amount  estimated  to  be  required  from  the  City  shall,  sub- 
ject to  the  provisions  of  this  Charter,  be  assessed  and  col- 
lected in  the  annual  tax  levy.  The  proceeds  of  such  tax 
shall  be  immediately  paid  into  the  School  Fund  of  the 
City,  to  be  drawn  out  only  upon  the  order  of  the  Board 
of  Education. 

ARTICLE  XVI. 

MISCELLANEOUS 

When  this  Charter  takes  effect. 

Sec.  109.  For  the  purpose  of  nominating  candidates  and 
electing  Mayor,  Auditor,  Councilmen  and  School  Directors 
in  accordance  with  this  Charter,  this  Charter  shall  take 
effect  from  the  time  of  the  approval  of  the  same  by  the 
Legislature ; for  all  other  purposes  it  shall  take  effect  on 
the  first  day  of  July,  1909. 


78 


CHARTER  OF  THE  CITY  OF  BERKELEY 


First  election  under  this  Charter. 

Sec.  110.  The  Board  of  Trustees  of  the  Town  of  Berke- 
ley in  office  at  the  time  this  Charter  is  approved  by  the 
Legislature  shall  provide  for  the  holding  of  the  first  elec- 
tion of  officers  under  this  Charter,  shall  canvass  the  votes, 
declare  the  result  and  approve  the  bonds  of  all  officers 
elected  at  such  elections. 

Terms  of  incumbents  in  office. 

Sec.  111.  The  members  of  the  Board  of  Trustees,  the 
Auditor,  and  the  members  of  the  Board  of  Education  in 
office  at  the  time  of  the  approval  of  this  Charter  by  the 
Legislature  shall  continue  to  hold  office  and  discharge 
their  duties  until  the  election  and  qualification  of  the 
Mayor,  Auditor,  Councilmen  and  School  Directors,  respec- 
tively, first  elected  under  this  Charter. 

The  term  of  each  of  all  the  other  officers  in  office  at  the 
time  this  Charter  takes  effect  shall  cease  and  terminate 
when  the  Council  first  elected  hereunder  shall  by  resolu- 
tion so  declare. 

Existing  ordinances  continued  in  force. 

Sec.  112.  All  lawful  City  ordinances,  resolutions  and 
regulations  in  force  at  the  time  this  Charter  takes  effect 
and  not  inconsistent  with  the  provisions  thereof  are  hereby 
continued  in  force  until  the  same  shall  be  duly  amended 
or  repealed. 

Conduct  of  legal  proceedings. 

Sec.  113.  The  City  Attorney  shall  prosecute,  in  behalf 
of  the  people,  all  criminal  cases  arising  from  violations  of 
the  provisions  of  this  Charter  and  the  ordinances  of  the 
City,  and  shall  attend  to  all  suits  and  proceedings  in 
which  the  City  may  be  legally  interested ; provided,  the 
Council  shall  have  control  of  all  litigation  of  the  City  and 
may  employ  other  attorneys  to  take  charge  of  any  litiga- 
tion or  to  assist  the  City  Attorney  therein. 

Violation  of  Charter  and  ordinances. 

Sec.  114.  The  violation  of  any  provision  of  this  Charter 
or  of  any  ordinance  of  the  City  shall  be  deemed  a misde- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


79 


meanor,  and  may  be  prosecuted  by  the  authorities  of  the 
City  in  the  name  of  the  people  of  the  State  of  California, 
or  may  be  redressed  by  civil  action,  at  the  option  of  said 
authorities.  Any  person  sentenced  to  imprisonment  for 
the  violation  of  a provision  of  this  Charter  or  of  an  ordi- 
nance may  be  imprisoned  in  the  City  jail,  or,  if  the  Coun- 
cil by  ordinance  shall  so  prescribe,  in  the  county  jail  of  the 
county  in  which  the  City  of  Berkeley  is  situated,  in  which 
case  the  expense  of  such  imprisonment  shall  be  a charge 
in  favor  of  such  county  against  the  City  of  Berkeley. 

Municipal  affairs. 

Sec.  115.  The  City  of  Berkeley  shall  have  the  right  and 
power  to  make  and  enforce  all  laws  and  regulations 
in  respect  to  municipal  affairs,  subject  only  to  the  restric- 
tions and  limitations  provided  in  this  Charter;  provided, 
however,  that  nothing  herein  shall  be  construed  to  prevent 
or  restrict  the  City  from  exercising  or  consenting  to,  and 
the  City  is  hereby  authorized  to  exercise,  any  and  all 
rights,  powers  and  privileges  heretofore  or  hereafter 
granted  or  prescribed  by  general  laws  of  the  State. 

As  amended  1921.  (Statutes  1921,  Chap.  16.) 

CERTIFICATE 

Whereas,  The  Town  of  Berkeley,  a city  containing  a 
population  of  more  than  ten  thousand  and  less  than  one 
hundred  thousand  inhabitants,  on  the  twenty-first  day  of 
November,  nineteen  hundred  and  eight,  at  a special  elec- 
tion, and  under  and  in  accordance  with  the  provisions  of 
section  eight,  article  eleven  of  the  Constitution  of  the 
State  of  California,  did  elect  R.  A.  Berry,  C.  A.  Blank, 
J.  W.  Flinn,  F.  W.  Foss,  John  M.  Foy,  Beverly  L.  Hodg- 
head,  Christian  Hoff,  William  Carey  Jones,  E.  E.  Newton, 
J.  T.  Renas,  J.  W.  Richards,  J.  T.  Short,  J.  L.  Tisdale, 
Benjamin  Ide  Wheeler  and  S.  N.  Wyckoff  a Board  of  Fif- 
teen Freeholders  to  prepare  and  propose  a Charter  for 
said  city; 

BE  IT  KNOWN,  That  in  pursuance  of  said  provision  of 
the  Constitution  and  within  a period  of  ninety  days  after 


80 


CHARTER  OF  THE  CITY  OF  BERKELEY 


said  election,  said  Board  of  Freeholders  has  prepared  and 
does  propose  the  foregoing  as  and  for  the  Charter  of  the 
City  of  Berkeley,  and  that  in  submitting  and  proposing 
such  Charter,  the  Board  of  Freeholders,  pursuant  to  said 
provision  of  the  Constitution,  also  presents  therewith  for 
the  choice  of  the  voters,  and  to  be  voted  on  separately, 
without  prejudice  to  the  other  provisions  contained  in  the 
Charter,  an  alternative  proposition  hereinafter  stated. 

Said  alternative  proposition  shall,  if  approved  by  the 
voters,  take  the  place  of  subdivision  29  of  Section  49, 
Article  IX  of  the  proposed  Charter,  which  reads  as  fol- 
lows: “To  license  for  purposes  of  regulation  and  revenue 
all  and  every  kind  of  business  not  prohibited  by  law  to  be 
transacted  or  carried  on  in  the  City;  to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise.” 

Said  alternative  proposition  shall  be  submitted  to  the 
voters  for  their  approval  or  rejection  at  the  same  election 
at  which  the  Charter  shall  be  submitted,  and  upon  the 
ballots  shall  be  printed : “Shall  the  alternative  proposition, 
prohibiting  the  sale  of  liquor,  take  the  place  of  subdivision 
29,  Section  49,  Article  IX?” 

Said  alternative  proposition  is  as  follows : 

ALTERNATIVE  PROPOSITION 

(29)  To  license  for  purposes  of  regulation  and  revenue 
all  and  every  kind  of  business  not  prohibited  by  law  to  be 
transacted  or  carried  on  in  the  City;  to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise;  provided,  however,  that  the 
Council  shall  have  no  power  to  license  the  sale  of  any 
spirituous,  malt,  vinous  or  alcoholic  liquors ; and  every 
person  who,  within  the  boundaries  of  the  City  of  Berkeley, 
sells,  barters,  gives  away  or  exposes  for  sale  any  such 
liquors,  shall  be  deemed  guilty  of  a misdemeanor.  Noth- 
ing in  this  section  shall  prevent  the  Council  from  regu- 
lating the  sale  of  such  liquors  by  a regularly  licensed 
druggist  for  medicinal  purposes  upon  the  written  prescrip- 
tion of  a practicing  physician  entitled  to  practice  medicine 


CHARTER  OF  THE  CITY  OF  BERKELEY  81 

under  the  laws  of  the  State  of  California,  or  the  sale  of 
such  liquors  for  chemical,  mechanical  or  scientific  pur- 
poses. 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our 
hands  in  duplicate  this  fourteenth  day  of  December,  one 
thousand  nine  hundred  and  eight. 

WM.  CAREY  JONES,  President; 

R.  A.  BERRY 
C.  A.  BLANK 
F.  W.  FOSS 
JOHN  M.  FOY 
BEVERLY  L.  HODGHEAD 
C.  HOFF 

E.  E.  NEWTON 

J.  T.  RENAS 

J.  W.  RICHARDS 

J.  T.  SHORT 

J.  L.  TISDALE 

BENJ.  IDE  WHEELER 

S.  N.  WYCKOFF 

Attest : 

J.  W.  FLINN,  Secretary. 

State  of  California 

County  of  Alameda,  Town  of  Berkeley. 

I,  Francis  Ferrier,  President  of  the  Board  of  Trustees  of 
the  Town  of  Berkeley,  State  of  California,  do  hereby  cer- 
tify that  the  Board  of  Freeholders,  whose  names  appear 
signed  to  the  foregoing  proposed  Charter,  were  on  the  21st 
day  of  November,  1908,  at  a special  municipal  election  held 
in  said  town  of  Berkeley  on  said  day,  duly  elected  by  the 
qualified  electors  of  said  town  to  prepare  and  propose  a 
charter  for  said  town ; that  each  of  said  freeholders  has 
been  a qualified  elector  and  freeholder  in  said  town  for 
more  than  five  (5)  years  previous  to  said  election;  that  the 
foregoing  is  a true  copy  of  said  Charter  prepared  and 
returned  to  me  as  President  of  said  Board  of  Trustees 
within  ninety  (90)  days  after  said  election,  as  required  by 
Section  8 of  Article  XI  of  the  Constitution  of  this  State; 


82 


CHARTER  OF  THE  CITY  OF  BERKELEY 


that  said  proposed  charter  was  then  published  in  the 
“Berkeley  Reporter”  and  in  “The  Berkeley  Independent,” 
which  then  were  daily  newspapers  of  general  circulation 
in  said  town,  and  that  publication  was  made  for  more 
than  twenty  (20)  days,  and  that  the  first  publication  of 
said  proposed  Charter  was  made  within  twenty  (20)  days 
after  the  completion  of  said  Charter;  that  within  thirty 
(30)  days  after  the  publication  of  said  Charter,  as  required 
in  said  Section  8,  to-wit,  on  the  30th  day  of  January, 
1909,  said  Charter  was  submitted  at  a special  election  duly 
called  and  held  therein  for  the  purpose  of  ratifying  or  re- 
jecting said  proposed  Charter  and  the  alternative  propo- 
sition submitted  therewith;  that  by  a majority  of  the  votes 
of  the  qualified  electors  voting  at  said  election  said  pro- 
posed Charter  was  ratified  as  a whole,  excepting  that  the 
alternative  proposition  therein  contained,  being  separately 
voted  on,  was  ratified  by  a majority  of  such  votes  and  was 
thereafter  chosen  and  substituted  for  subdivision  29  of 
Section  49  of  Article  IX  of  said  proposed  Charter;  that  the 
returns  of  said  election  were  duly  canvassed  by  the  Board 
of  Trustees  of  said  Town  of  Berkeley  on  the  3rd  day  of 
February,  1909,  and  the  result  thereof  declared  as  above 
set  forth;  and  that  in  all  matters  and  things  pertaining  to 
said  proposed  Charter,  all  provisions  of  said  section  of  the 
Constitution  and  laws  of  the  State  of  California  pertaining 
to  the  adoption  of  the  Charter  have  been  fully  complied 
with  in  every  particular. 

IN  WITNESS  WHEREOF,  I have  hereunto  set  my 
hand  and  caused  the  corporate  seal  of  said  Town  of  Berke- 
ley to  be  affixed  this  3d  day  of  February,  1909. 

FRANCIS  FERRIER, 

(Seal)  President  of  the  Board  of  Trustees  of 

the  Town  of  Berkeley. 

Attest:  J.  V.  MENDENHALL, 

Town  Clerk  of  said  Town  of  Berkeley. 

Chapter  17.  Assembly  Concurrent  Resolution  No.  10. 
Approving  the  Charter  of  the  Town  of  Berkeley,  State  of 
California,  and  the  alternative  proposition  submitted  there- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


83 


with,  voted  for  and  ratified  by  the  qualified  electors  of  said 
town  at  a special  municipal  election  held  therein  for  the 
purpose  on  the  30th  day  of  January,  1909. 

Whereas,  the  Town  of  Berkeley,  a municipal  corpora- 
tion of  the  County  of  Alameda,  State  of  California,  now  is 
and  was  at  all  times  herein  referred  to  a city  containing  a 
population  of  more  than  ten  thousand  (10,000)  inhabit- 
ants; and 

Whereas,  at  a special  election  duly  held  in  said  town  on 
the  21st  day  of  November,  1908,  under  and  in  accordance 
with  law  and  the  provisions  of  Section  8 of  Article  XI,  of 
the  Constitution  of  the  State  of  California,  a Board  of  Fif- 
teen Freeholders,  duly  qualified  was  elected  in  and  by  said 
Town  by  the  qualified  electors  thereof  to  prepare  and  pro- 
pose a charter  for  the  government  of  said  town ; and 
Whereas,  said  Board  of  Freeholders  did  within  ninety 
(90)  days  after  said  election  prepare  and  propose  a Char- 
ter for  the  government  of  said  Town  of  Berkeley;  and 
Whereas,  said  Charter  was  on  the  14th  day  of  Decem- 
ber, 1908,  signed  in  duplicate  by  the  members  of  said 
Board  of  Freeholders  and  was  thereupon  duly  returned 
and  filed,  one  copy  with  the  President  of  the  Board  of 
Trustees  of  said  Town  of  Berkeley  and  the  other  copy  with 
the  County  Recorder  of  said  County  of  Alameda  and  filed 
in  the  office  of  said  Recorder;  and 

Whereas,  said  proposed  Charter  was  thereafter  pub- 
lished in  the  “Berkeley  Reporter”  and  in  “The  Berkeley 
Independent,”  each  being  a newspaper  of  general  circula- 
tion in  said  Town  of  Berkeley,  and  said  Charter  being 
published  as  aforesaid  for  a period  of  more  than  twenty 
(20)  days,  the  first  publication  thereof  being  made  within 
twenty  (20)  days  after  the  completion  of  said  Charter ; and 
Whereas,  said  proposed  Charter  was  within  thirty  (30) 
days  after  the  completion  of  said  publication  submitted 
by  the  Board  of  Trustees  of  the  Town  of  Berkeley  to  the 
qualified  electors  of  said  Town  of  Berkeley  at  a special 
election  previously  duly  called  and  therein  held  on  the  30th 
day  of  January,  1909;  and 


84 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Whereas,  at  said  last  mentioned  special  election,  a ma- 
jority of  said  qualified  electors  of  said  Town  of  Berkeley, 
voting  at  said  special  election  voted  in  favor  of  the  ratifi- 
cation of  said  Charter  as  proposed  as  a whole,  excepting 
that  a majority  of  said  qualified  electors  voting  at  said 
election  voted  in  favor  of  the  ratification  of  the  alternative 
proposition,  which  alternative  proposition  was  thereafter 
chosen  and  substituted  for  subdivision  29  of  Section  49, 
Article  IX  of  said  proposed  Charter;  and 

Whereas,  said  Board  of  Trustees  after  canvassing  said 
returns  found  and  decided  that  the  majority  of  said  quali- 
fied electors  voting  at  said  special  election  had  voted  for 
ratifying  said  Charter  as  above  specified;  and 

Whereas,  the  same  is  now  submitted  to  the  Legislature 
of  the  State  of  California,  for  its  approval  and  for  ratifica- 
tion as  a whole  without  power  of  alteration  or  amendment 
in  accordance  with  Section  8 of  Article  XI  of  the  Consti- 
tution of  the  State  of  California;  and 

Whereas,  said  Charter  was  ratified  in  the  words  and 
figures  following,  to-wit : (Then  follows  the  context  of 
Charter,  as  hereinbefore  set  forth). 

And,  whereas,  said  proposed  Charter,  with  said  alterna- 
tive proposition  so  ratified,  has  been  duly  presented  and 
submitted  to  the  Legislature  of  the  State  of  California,  for 
approval  or  rejection,  without  power  of  alteration  or 
amendment,  in  accordance  with  Section  8 of  Article  XI  of 
the  Constitution  of  the  State  of  California; 

Now,  therefore,  be  it 

RESOLVED  BY  THE  ASSEMBLY  OF  THE  STATE 
OF  CALIFORNIA,  THE  SENATE  THEREOF  CON- 
CURRING (a  majority  of  all  members  elected  to  each 
house  voting  for  the  adoption  of  this  resolution  and  con- 
curring therein)  that  said  Charter  of  the  Town  of  Berke- 
ley, including  said  alternative  proposition,  as  presented  to, 
adopted  and  ratified  by  the  qualified  electors  of  said  town, 


CHARTER  OF  THE  CITY  OF  BERKELEY  85 

be,  and  the  same  is  hereby,  approved  as  a whole  as  and 
for  the  Charter  of  the  said  Town  of  Berkeley. 

P.  A.  STANTON, 

Speaker  of  the  Assembly. 

W.  R.  PORTER, 

President  of  the  Senate. 

Attest:  C.  F.  CURRY, 

Secretary  of  State. 

Endorsed  and  filed  in  the  office  of  Secretary  of  State,  the 
fourth  day  of  March,  A.  D.  1909,  at  10  :50  a.  m. 

C.  E.  CURRY, 

Secretary  of  State. 

J.  HOESCH, 

Deputy. 

State  of  California, 

County  of  Alameda,  Town  of  Berkeley. 

I,  Francis  Eerrier,  President  of  the  Board  of  Trustees, 
and  chief  executive  officer  of  the  Town  of  Berkeley, 
County  of  Alameda,  State  of  California,  hereby  certify  that 
the  foregoing  is  what  is  proposed  to  be  a copy  of  the 
Charter  of  the  City  of  Berkeley  which  was  delivered  to  me 
as  stated  in  the  preamble  attached  hereto,  the  same  as 
required  in  Section  8 of  Article  XI  of  the  Constitution  of 
the  State  of  California,  that  the  statements  contained  in 
said  preamble  and  in  the  certificate  attached  to  and  fol- 
lowing said  Charter  are  true ; that  the  said  Charter  has 
been  submitted  to  the  electors  of  the  Town  of  Berkeley 
and  has  been  ratified  by  them  and  that  said  Charter  has 
been  approved  by  the  Legislature  of  the  State  of  Cali- 
fornia. 

IN  WITNESS  WHEREOF,  I have  hereunto  set  my 


86  CHARTER  OF  THE  CITY  OF  BERKELEY 

hand  and  caused  the  corporate  seal  of  said  Town  of  Berke- 
ley to  be  affixed  this  eleventh  day  of  March,  1909. 

FRANCIS  FERRIER, 
President  of  the  Board  of  Trustees  of 
The  Town  of  Berkeley. 

Attest:  J.  V.  MENDENHALL, 

Town  Clerk  of  said  Town  of  Berkeley. 

(SEAL) 

M 29247 
BCT.  Indexed 

Recorded  at  the  request  of  the  Town  of  Berkeley  at  35 
minutes  past  two  p.  m.,  March  11,  1909,  in  liber  36,  page 
113,  Miscellaneous  Records  of  Alameda  County. 

A.  K.  GRIM, 

County  Recorder. 


CONTENTS 


1 


Art. 

Sec. 

Sbd 

Additional  powers  of  the  Council 

9 

49 

62 

Administering  oaths.  Subpoenas  (Officers  have  power) 

5 

20 

Alternative  proposition.  (Liquor) 

16 

114 

Annual  budget  (Council) 

10 

54 

Annual  estimate  of  city’s  requirements  and  revenue 

10 

53 

Annual  estimate  of  expenses.  (Board  of  Education) 

15 

108 

Annual  tax  levy 

10 

56 

Annual  reports  of  company  (holdings  and  franchises) 

12 

87 

Applications  for  franchises  (method) 

12 

77 

1 

Applies  to  all  elective  officers.  (Recall) 

4 

7 

1 

Arrangement  of  offices  on  ballot 

3 

5 

17 

Ayes  and  noes  on  ordinances  and  resolutions 

8 

44 

2 

Ballots,  form  of 

3 

5 

14 

Ballots,  requirements  of 

3 

5 

15 

Ballots,  everv  nominee  to  be  on 

3 

5 

16 

Ballots,  arrangement  of  offices 

3 

5 

17 

Ballots,  space  for  voting  cross 

3 

5 

18 

Ballots,  blank  for  additional  candidates 

3 

5 

19 

Ballots,  sample 

3 

5 

20 

Beginning  and  completion  of  work  under  franchise 

12 

79 

Bequests  and  donations,  Council  can  accept 

9 

47 

7 

Bidding  for  the  franchise 

12 

77 

3 

Billboards  and  signs,  power  to  regulate 

9 

49 

18 

Blank  spaces  for  additional  candidates  

3 

5 

19 

Board  of  Education,  The 

15 

96 

Board  of  Equalization 

10 

55 

Bond  tax.  Library  tax 

10 

58 

Bonds,  official 

5 

17 

Bonds  for  franchise 

12 

77 

6 

Boulevards  

9 

49 

46 

Borrowing  money.  Bonds 

9 

47 

8 

Boundaries  

2 

3 

Building  regulations 

9 

49 

11 

Candidates.  Election  

3 

4 

Cash  basis  fund 

10 

59 

Chief  executive,  The 

6 

21 

Chief  officials,  The 

7 

30 

Civic  Art  Commission 

9 

49 

57 

Civil  Service  Commission 

9 

49 

56 

Closed  or  abandoned  streets,  power  to  deed  land 

9 

49 

47 

Collusion  by  bidder  prohibited 

11 

73 

Collusion  with  bidder  prohibited 

11 

72 

Commission  of  Public  Charities,  power  to  establish 

9 

49 

60 

Compensation  of  officers  and  employees,  Council  to  fix 

7 

32 

Condition  of  candidacy  for  office 

3 

5 

2 

Condition  of  grant  of  franchise 

12 

77 

2 

Conduct  of  legal  proceedings  by  City  Attorney 

16 

113 

Contracts  for  lighting 

11 

69 

Contracts  for  official  advertising. 

11 

68 

Contracts  for  water 

11 

70 

Council  to  assign  duties  to  the  departments 

7 

28 

Council  the  governing  body,  The 

8 

38 

Councilman  to  hold  no  other  office 

7 

35 

Councilmen’s  term  of  office 

5 

15 

Cruelty  to  animals  (to  prohibit) 

9 

49 

! 

21 

11 


CONTENTS 


Dairies  (power  to  regulate) 

Dangerous  and  offensive  occupation;  disagreeable  noises. 

Date  of  presenting  nomination  petition 

Date  of  second  election 

Department  estimate  of  annual  requirements 

Deposit  as  guarantee  of  good  faith  (franchise) 

Direct  legislation  by  the  people  (initiative) 

Direct  legislation  (initiative) 

Dogs  (power  to  regulate) 

Disposition  of  money  collected 

Duties  of  the  Auditor 

Elective  offices,  The 

Election  at  large 

Election  proclamation . 

Elections  (Initiative) 

Election  under  Recall  petition 

Election  of  teachers 

Elections  .... 

Elections,  informalities  in 

Election,  general  laws  apply 

Eligibility  of  Mayor,  Auditor  and  Councilmen 

Eligibility  of  School  Directors : 

Enacting  clause  of  ordinances 

Engines  and  boilers,  power  to  regulate 

Erroneously  collected  taxes 

Every  nominee  to  be  on  ballot 

Examination  of  company’s  books.  Audit.  (Franchise) 

Examination  of  petitions  by  City  Clerk 

Existing  ordinances  continued  in  force 

Explosives  (regulation  of) 

Failure  of  persons  elected  to  qualify 

Fees  (Council  to  fix),  officers 

Fifteen  per  cent  petition  (Initiative) 

Filing  of  petitions 

Fire  escapes  

Fire  limits 

First  election  under  this  charter 

Fiscal  year,  The 

Five  per  cent  petition  (Initiative) 

Forfeiture  for  non-compliance  with  franchise 

Forms  of  ballots .' 

Forms  of  contracts 1 

Form  of  nomination  petition 

Forms  to  be  supplied  by  the  City  Clerk 

Four  municipal  departments,  The 

Four  commissioners,  The ... 

Franchise  not  in  use  forfeited  

Franchise  to  use  streets 

Franchise  (Re-settlement) 

Free  competition  in  bidding  for  franchise 

Further  regulations  (Recall  of  elective  officers) 

Further  regulations  (Referendum) 

Further  regulations  (Initiative) 

Garbage  

General  and  special  municipal  elections 


Art. 

Sec. 

Sbd 

9 

49 

25 

9 

49 

23 

3 

5 

7 

3 

5 

23 

10 

52 

12 

77 

4 

13 

92 

1 

9 

48 

9 

49 

19 

10 

63 

10 

61 

5 

5 

9 

3 

* 5 

13 

12 

92 

6 

4 

7 

15 

105 

3 

4 

3 

5 

26 

3 

6 

5 

10 

5 

11 

8 

44 

5 

9 

49 

9 

9 

49 

35 

3 

5 

16 

12 

86 

3 

5 

8 

6 

112 

9 

49 

7 

3 

5 

25 

9 

49 

36 

13 

92 

3 

3 

5 

11 

9 

49 

12 

9 

49 

10 

16 

110 

10 

50 

13 

92 

4 

12 

89 

3 

5 

14 

11 

65 

3 

5 

3 

3 

5 

4 

7 

27 

7 

29 

12 

91 

12 

76 

12 

7754 

12 

77 

5 

4 

7 

10 

14 

95 

13 

92 

10 

9 

49 

28 

3 

4 

CONTENTS 


in 


Krt. 

Sec. 

Sbd 

9 

47 

4 

7 

5 

11 

71 

3 

5 

3 

3 

5 

5 

9 

48 

13 

92 

9 

49 

8 

9 

49 

16 

9 

49 

24 

9 

47 

10 

9 

47 

5 

9 

47 

6 

12 

84 

9 

49 

38 

1 

2 

12 

78 

9 

49 

45 

10 

57 

13 

92 

8 

9 

49 

29 

9 

49 

26 

8 

44 

3 

6 

22 

6 

24 

6 

25 

6 

21 

6 

26 

5 

14 

9 

49 

37 

6 

23 

8 

40 

8 

41 

15 

98 

15 

101 

14 

93 

10 

62 

10 

63 

16 

115 

9 

49 

61 

1 

1 

12 

83 

4 

7 

8 

11 

75 

3 

5 

1 

3 

5 

3 

9 

49 

3 

5 

18 

7 

36 

5 

17 

9 

49 

1 

General  powers  of  the  city  

Grounds  of  recall.  Officers’  justification. 

Hours  of  labor 


Individual  certificate,  forms  of 

Individual  certificate,  requirements  of. 

Initiative  

Initiative  ^ 

Inflammable  materials 

Improper  use  of  streets 

Inspection  of  food  products 


Joint  ownership  of  water  supply. 


Land  for  public  purposes 

Lease  of  public  utilities..... 

Lease  or  assignment  of  franchise 

Lease  of  lands  owned  by  the  city 

Liabilities  (City  successor  to) 

Life  of  franchise 

Light  and  water , 

Limit  of  tax  levy.. I 

Limit  to  special  elections  

Licensing  businesses 

Lodging,  tenement  and  apartment  houses. 


Majority  vote  of  Council 

Mayor  pro  tempore 

Mayor  to  have  books  examined 

Mayor,  supervision  of  public  utility  companies 

Mayor,  The,  the  chief  executive 

Mayor,  additional  duties  to  be  fixed  by  law  and  ordinance. 

Mayor’s  and  Auditor’s  term  of  office 

Mayor’s  urgency  fund 

Mayor’s  reports 

Meetings  of  Council 

Meetings  to  be  public L— . ..... 

Meetings  (Board  of  Education) 

Meetings  to  be  public 

Mode  of  protesting  against  ordinances  (referendum) 

Money  to  meet  warrants 

Money,  collection  and  disposition  of * ... 

Municipal  affairs  

Municipal  ownership 


Name  of  the  city 

No  conveyance  necessary  for  city’s  ownership  of  a franchise... 

No  recall  petition  for  first  three  months 

No  use  of  streets  without  a franchise 

Nomination  and  election  of  city  officers : 

Nomination  petition,  form  of.  (See  petition  of  nomination). 
Nuisances  


Oath  of  office., 

Officers  not  to  be  interested  in  contracts  or  franchises. 

Official  bonds s. 

Official  seal 


iv 


CONTENTS 


Ordinances  and  resolutions 

Ordinances  granting  franchises 

Ordinances  required  in  certain  .cases 

Ordinances  (when  in  effect) 

Park  commission 

Payment  of  gross  receipts  under  a franchise 

Petition  for  recall 

Petition  of  nomination,  form  of 

Petition  of  nomination,  date  of  presenting 

Petition  of  nomination,  examination  by  City  Clerk 

Petition  of  nomination,  withdrawal  of  signature 

Petition  of  nomination,  withdrawal  of  candidate 

Petition  of  nomination,  filing  of  petitions 

Petition  of  nomination,  preservation  of  petitions ..... 

Playground  commission  

Police  and  Fire  Departments 

Police  and  fire  alarm  systems 

Political  and  religious  tests 

Powers  of  the  Council  enumerated 

Powers  of  the  Council  enumerated 

Powers  and  duties  of  the  Superintendent  (of  Schools). 
Powers  of  Supt.  of  Schools  with  reference  to  teachers. 

Precaution  against  fires 

Preservation  of  health 

Preservation  of  petitions 

President  of  the  Board  of  Education 

President  and  Vice-President  (the  Council) 

Progressive  payments  on  contracts 

Property  rights  of  the  city  inalienable 

Protection  of  absent  Commissioner 

Provisions  of  section  5 apply  (Recall) 

Provisions  of  section  5 apply  (Initiative) 

Provision  for  safety  of  streets 

Provision  for  safety  in  theatres,  halls,  etc 

Public  buildings,  works  and  institutions 

Public  pound 

Public  order  and  decency 

Public  shows.  Gambling 

Public  works  to  be  done  by  contact 

Publication  of  popular  ordinance.  (Initiative) 

Publication  of  Charter  and  ordinances 

Purchase  of  property  under  execution 

Quorum  (the  Council) 

Quorum  (Board  of  Education) 

Railroads  to  keep  streets  in  repair 

Rates  and  charges  under  franchise 

Recall  of  elective  officers 

Record  of  City  ordinances 

Reconsideration  of  bills  (ordinances) 

Reference  of  measures  to  popular  vote 

Referendum 

Regulation  of  poles  and  wires 

Regulation  of  public  vehicles 

Regulation  of  public  utility  rates . 

Regulation  of  street  railroads 


Art. 

Sec. 

Sbd 

8 

44 

1 

8 

44 

12 

8 

44 

7 

14 

93 

1 

9 

49 

58 

12 

88 

4 

7 

2 

3 

5 

3 

3 

5 

7 

3 

5 

8 

3 

5 

9 

3 

5 

10 

3 

5 

11 

3 

5 

12 

9 

49 

59 

9 

49 

5 

9 

49 

6 

7 

37  ‘ 

9 

47 

9 

48 

15 

103 

15 

104 

9 

49 

13 

9 

49 

22 

3 

5 

12 

15 

97 

8 

39 

11 

66 

12 

74 

8 

45 

5 

7 

3 

13 

92 

2 

9 

49 

15 

9 

49 

14 

9 

47 

1 

9 1 

49 

20 

9 

49 

33 

9 

49 

32 

11 

67 

13 

92 

5 

8 

46 

9 

49 

39 

8 

42 

15 

99 

9 

49 

51 

12 

81 

4 

7 

8 

44 

13 

8 

44 

8 

14 

94 

14 

93 

9 

49 

53 

9 

49 

30 

9 

49 

49 

9 

49 

50 

CONTENTS 


v 


Art. 

Sec. 

Sbd 

Repeal  of  ordinances 

8 

44 

11 

Repeal  of  popular  ordinances  (Initiative) 

13 

92 

9 

Reports  of  departments 

7 

33 

Reports  to  be  published 

7 

34 

Requirements  of  ballot 

3 

5 

15 

Requirements  of  certificate 

3 

5 

5 

Requirements  of  an  ordinance 

8 

44 

6 

Reservation  for  belt  lines  (franchise) 

12 

90 

Re-settlement  Franchise  

12 

77/2 

44 

Revision  and  amendment  of  ordinances 

8 

10 

Rewards  

9 

49 

4 

Right  of  City  to  assume  ownership  of  a franchise 

12 

82 

Rights  and  liabilities  (City  successor  to) 

1 

2 

Rules  governing  second  election 

3 

5 

24 

Rules  of  proceedings  (the  Council) 

8 

43 

Rules  of  proceedings  (Board  of  Education) 

15 

100 

Salaries  

5 

19 

Sale  of  products  of  public  utilities 

9 

47 

4 

Sale  of  useless  personal  property 

9 

49 

40 

Sample  ballots 

3 

5 

20 

School  Director’s  term  of  office 

5 

16 

School  warrants  

15 

107 

Seal  (official) 

9 

49 

1 

Second  general  municipal  election 

3 

4 

Second  general  municipal  election,  when  held 

3 

5 

22 

Second  general  municipal  election,  date  of 

3 

5 

23 

Second  general  municipal  election,  rules  governing 

3 

5 

24 

Service  and  accommodation  under  franchise 

12 

80 

Several  ordinances  at  one  election.  (Initiative) 

13 

92 

7 

Sewer  connections  

9 

49 

27 

Signing  and  attesting  ordinances  and  resolutions 

8 

44 

9 

Size  and  location  of  pipes 

9 

49 

54 

Space  for  voting  cross 

3 

5 

18 

Special  tax 

9 

47 

Special  municipal  elections  

3 

4 

9 

Spur  tracks  

9 

49 

52 

Street  grades  

9 

49 

42 

Street  opening 

9 

49 

44 

Street  sprinkling,  cleaning  and  paving  under  franchise 

12 

85 

Street  work  

9 

49 

43 

Subject  and  title  (ordinance  and  resolutions) 

8 

44 

4 

Subordinate  officers  and  employees 

7 

31 

Sue  and  defend,  power  to  

9 

47 

11 

Supervision  of  public  utility  companies,  Mavor  has 

6 

25 

Superintendent  of  Schools 

15 

102 

Tax  liens  

10 

60 

Tax  system  

10 

51 

Taxation  

9 

49 

34 

Tenure  of  teachers 

15 

106 

Telephone,  telegraph  and  transportation 

9 

47 

Terms  of  incumbents  in  office 

6 

111 

3 

Trusts  (confided  to  the  City) 

9 

49 

41 

Uniform  accounts  and  reports 

10 

64 

Vacancy  in  office  of  Mayor,  Auditor  or  Councilman 

5 

12 

VI 


CONTENTS 


Art. 

Sec. 

Sbd 

Vacancy  in  office  of  School  Director 

5 

13 

Verification  deputies 

3 

5 

6 

Violation  of  Charter  and  ordinances 

9 

49 

2 

Violation  of  Charter  and  ordinances 

16 

114 

Vote  necessary  for  election 

3 

5 

21 

Voting  machines 

3 

6 

2 

Water,  light,  heat  and  power 

9 

47 

2 

Waterfront  and  wharves 

9 

49 

48 

Weeds  and  rubbish  on  sidewalks 

9 

49 

17 

Weights  and  measures 

9 

49 

31 

When  this  Charter  takes  effect 

16 

109 

Withdrawal  of  candidates  

3 

5 

10 

Withdrawal  of  signature  

3 

5 

9 

JAM  11  1923 


